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Subrogation: Can An Insurer Seek Punitive Damages Through The Use Of A Loan Receipt?

January 03, 2008 BY Brian Moore | General

A "loan receipt" between an insured and an insurer creates a legal fiction whereby an insurer "loans" the insured money in response to a claim to establish subrogation rights. See American Chain & Cable Co., Inc. v. Brunson,157 Ga. App. 833, 278 S.E.2d 719 (1981). ... Continue Reading

Expert Fees: Case Law Reform May Help Reduce Litigation Costs

September 02, 2006 BY Brian Moore | General

A recent opinion from the U.S. DistrictCourt for the Northern District of Illinois is the latest in a series of federaljudicial decisions narrowing the range of recoverable expert fees and denying aparty reimbursement of excessive "expert related" expenses. ... Continue Reading

Long Standing Subrogation Rights Affirmed

May 02, 2006 BY Brian Moore | General

The Georgia Court of Appeals recently confirmed that subrogation rights will not pass to an insurer until payment under the policy has been made. ... Continue Reading

Tennessee Formally Adopts New Limitations To Coverage For Increased Cost Of Repair: Chattanooga Bank Associates V. Fidelity And Deposit Company Of Maryland

March 02, 2006 BY Brian Moore | General

Insurers are generally presented with claims seeking reimbursement for the increased cost of repair or cost of code upgrades. However, sophisticated insureds often attempt to obtain coverage for the "increased cost of repair" to non-damaged property, arguing that "concurrent causation" principles apply. The "concurrent causation" doctrine creates coverage in a situation where a non-excluded cause is a substantial factor in producing the damage or inj ... Continue Reading

The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved. 

Editorial Board:

H. Michael Bagley

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