The Subrogation Strategist

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 L.W. v. Audi AG, 108 Cal. App. 5^th 95, the Court of Appeal of California (Court of Appeal) recently held that a foreign manufacturer can be subject to specific personal jurisdiction in California state courts. In L.W., a minor child suffered injuries when an Audi Q7 allegedly malfunctioned and surged forward, pinning the child against a garage wall. The plaintiffs brought suit against Audi AG (Audi Germany) and Volkswagen Group of America, Inc. doing business as Audi of America (Audi America). Audi Germany designed, manufactured and then sold the Audi Q7 to Audi America. Audi ... Continue Reading