The Subrogation Strategist

In Progressive Southeastern Ins. Co. v. B&T Bulk, LLC, No. 21S-CT-496, 2022 Ind. LEXIS 131, the Supreme Court of Indiana (Supreme Court) reversed a decision of the Court of Appeals of Indiana (Court of Appeals), ruling that Form MCS-90 (MSC-90) endorsements on insurance policies do not apply to purely intrastate trips. In reversing the decision of the Court of Appeals, the court found that the Indiana Legislature’s incorporation of the federal Motor Carrier Act of 1980 (MCA) into the state code did not expand the MCA’s scope to include intrastate trips.Continue Reading

In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product manufacturer was barred by the Commonwealth’s six-year statute of repose for improvements to real property from joining the installer of the product as a third-party defendant. The court denied the defendant’s motion for leave to file a third-party complaint to join the installer, finding that the installer completed its work more than six years prior to the motion being filed. This case reminds us that Massachusetts’ six-year statute of repose for improvement to real property also bars a defendant’s contribution claims against third parties.Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 3, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

BRP Recalls Snowmobiles Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[f]uel can leak from the fuel tank vent onto hot components when ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On February 23, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

TJX Recalls Menorahs Due to Fire Hazard; Sold at Marshalls, HomeGoods and Homesense Stores.

According to the CPSC’s website, “[t]he resin and ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On February 16, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Anecdote Candles Recalls Double-Wick Autumn Candles Due to Fire and Laceration Hazards; Sold Exclusively at Anthropologie.

According to the CPSC’s ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On February 17, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Husqvarna Recalls All-Wheel Drive Robotic Lawnmowers Due to Fire Hazard (Recall Alert).

According to the CPSC’s website, “[t]he lithium-ion battery ... Continue Reading

In Wascher v. ABC Ins. Co., No. 2020AP1961, 2022 Wisc. App. LEXIS 110 (Feb. 9, 2022), the Court of Appeals of Wisconsin considered whether the plaintiffs were barred — by Wisconsin’s 10-year statute of repose for improvements to real property claims and the six-year statute of limitations for breach of contract claims — from bringing a lawsuit against the original builders of their home. The plaintiffs alleged negligence and breach of contract against the masonry subcontractors, asserting that they improperly installed the exterior stone cladding. The court found that the plaintiffs’ claims against the original builders were time-barred.Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On February 16, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Viking Range Recalls Freestanding Gas Ranges Due to Risk of Gas Leak and Fire Hazard.

According to the CPSC’s website, “[t]he rigid gas tubing can ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact  that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On February 10, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. Shop LC Recalls Electric Space Heaters Due to Fire and Burn Hazards (Recall Alert). According to the CPSC’s website, “[t]he electric space heaters can ...

In Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. 120, 2021, 2022 Del. LEXIS 24, the Supreme Court of Delaware recently affirmed the lower court’s ruling that the statute of limitations barred the homeowners’ negligent construction claims. Although the court applied the discovery rule to toll the running of the three-year statute of limitations, it found that the homeowners were on inquiry notice of the defects within their home eight years before filing suit.Continue Reading