The Subrogation Strategist

In Haire-Cochran v. 24 Restore, Inc., No. A25-1206, 2026 Minn. App. LEXIS 153, the Court of Appeals of Minnesota (Court of Appeals) addressed whether construction work performed after a fire loss to a property constituted an “improvement to real property” under Minnesota Statute of Limitations, section 541.051, subdivision 1(a). The statute sets forth a reduced two-year limitations period for claims arising out of “the defective and unsafe condition of an improvement to real property.” The lower court dismissed the plaintiff’s case on grounds of the two-year statute ... Continue Reading

In Ghaznavi v. Arby Constr., Inc., No. 14-24-00213-CV, 2025 Tex. App. LEXIS 839, the Court of Appeals of Texas (Court of Appeals) considered whether the trial court properly excluded the plaintiffs’, Kambiz Moavenzadeh Ghaznavi and Anahita Nokkonejad (collectively, the Ghaznavis), liability expert. The case arose from a fire at the Ghaznavis’ residence. The trial court held that because the Ghaznavis’ expert did not physically inspect certain fire damaged areas before they were repaired, the expert’s testimony was unreliable and thus inadmissible. The Court of ... Continue Reading

In Terra Mgmt. Grp., LLC v. Keaten, 572 P.3d 126 (CO 2025), the Supreme Court of Colorado (Supreme Court) considered whether the trial court properly imposed sanctions on the defendants for failing to preserve evidence before the commencement of litigation. The trial court noted that the defendants, who owned and managed an apartment building, began removing the evidence from an apartment after the plaintiffs complained of toxins originating from the apartment building. As a sanction, the trial court imposed a negative inference that the defendants’ destruction of evidence ... Continue Reading