The Subrogation Strategist

This episode of the Subro Sessions podcast, the second in the two-part series entitled: “Speak
Now or Forever Sign That Release - Part 2,” is hosted by Gus Sara and Lian Skaf,
Partners. This episode discusses the topic of subrogation releases including guidance on writing
indemnification provisions, what constitutes a valid subrogation claim by a carrier, and how to
limit exposure while ensuring fairness and protection for all parties involved.

Listen to all of our episodes here.

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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 April 3, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Honda Recalls Accessory Heaters for Side-by-Side Vehicles Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he recalled accessory heaters ...

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available. While there are distinct considerations with raising an inverse condemnation claim, pleading it can also have advantages over common negligence causes of action. Understanding when inverse condemnation is an available claim is the first step in such an analysis.

Although it is not a subrogation case, the Court of Appeal of California (Court of Appeal) recently ... Continue Reading

In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered whether the plaintiff established sufficient circumstantial evidence to move forward with its product liability claim against the defendant. The District Court, again, denied the defendant’s motion for summary judgment, finding that the circumstantial evidence presented by the plaintiff satisfied the two-prong test for establishing products ... 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 27, 2025, the CPSC announced the following recall related to a product that presents a fire hazard:

APOTHEKE Recalls Pumpkin Ginger 3-Wick Scented Candles Due to Fire, Burn and Laceration Hazards; Sold Exclusively at Crate & Barrel.

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 March 20, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. VC Group Recalls Wireless Portable Power Banks with Lithium-Ion Batteries Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he ...

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 13, 2025, the CPSC issued a warning urging consumers to “Immediately Stop Using O3waterworks-branded Sanitizing Home Spray Bottles with Lithium-Ion Batteries Due to Fire Hazard.” According the CPSC, “[t]he lithium-ion battery inside the bottle can overheat, posing ... Continue Reading

In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s two-year statute of limitations period. At issue was whether the statute of limitations began to run when the insured homeowner terminated the general contractor or when construction, with a new general contractor, was complete. Because the construction project did not terminate upon the replacement of the general contractor, the Court of Appeals found ... 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 13, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Meijer Recalls Konwin Desktop Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he heater’s fan can fail to turn on and cause the ...

Listen to all of our episodes here.

You can also listen to Subro Sessions on Apple Podcasts and ... Continue Reading