Gus Sara

PRACTICES

Subrogation

OVERVIEW

Gus Sara is a partner in the Subrogation Department and practices exclusively in the field of insurance subrogation, handling large property loss cases. He has successfully resolved hundreds of cases for his clients in matters involving commercial and residential fires, explosions, structural collapses, water losses, product liability, construction defects and maritime claims. His clients appreciate his ability to develop effective strategies to resolve matters efficiently and expeditiously. Gus strives to encourage mediation or other forms of dispute resolution as an alternative to litigation. He has participated in complex, multi-party mediations and arbitrations, with favorable results for his clients.

Gus is licensed in Pennsylvania and New Jersey but practices throughout the United States using the services of local counsel under a special program of the Subrogation Department.

In addition to achieving a Juris Doctor from Rutgers Law School, Gus also obtained his Master in Business Administration from Rutgers School of Business, with a focus in management. Gus uses the unique knowledge and skillsets he gained from his MBA to help achieve successful results for his clients.

Recognition and Involvement

Recognition & Involvement

Gus is a certified arbitrator for the Philadelphia Court of Commons Pleas and handles pro bono cases for Philadelphia VIP Legal Services.

Credentials

Bar and Court Admissions

Pennsylvania

New Jersey

U.S. District Court for the Eastern District of Pennsylvania

Education

Rutgers School of Law - Camden, JD, 2010

Rutgers University School of Business, MBA, 2010

Rutgers University-New Brunswick, BA, magna cum laude, 2005

Eagleton Institute of Politics at Rutgers University, Undergraduate Associate, 2005

News & Insights

The Aftermath of Appraisals– How it Can Impact Subrogation
4.3.25 | 2025 NASP Spring Conference
Speak Now or Forever Sign That Release – Part 1
3.4.25
Let’s Get Specific: Rhode Island Court Asserts Jurisdiction Over Out-of-State Manufacturer
1.22.25
Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product
12.3.24 | The Subrogation Strategist
Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product
12.3.24
In the Hot Seat: How Not to Get Burned By Expert Depositions
10.29.24 | 2024 NASP Annual Conference
Opinions from Ashes, Theories from Dust – What a Subrogation Professional Needs to Know About the Investigation
10.28.24 | 2024 NASP Annual Conference
Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors
9.5.24
Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors
9.4.24 | The Subrogation Strategist
Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit
7.18.24 | The Subrogation Strategist
Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit
7.18.24
Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate them – Part 2
7.16.24
Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in Contract
7.2.24
Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate Them - Part 1
6.18.24
Knowing Your Lane: Finding the Right Expert in a Rapidly Advancing World
5.21.24 | National Association of Subrogation Professionals (Webinar)
Finding the Sweet Spot…What Do You Do When the Claim is Not Finalized
3.22.24 | 2024 NASP Spring Conference
A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured
2.28.24 | The Subrogation Strategist
A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured
2.28.24
Stop Suing Yourself: A Brief Discussion on the Anti-Subrogation Rule
2.20.24
Certificates of Merit: Is Your Texas Certificate Sufficient?
12.27.23 | The Subrogation Strategist
Certificates of Merit: Is Your Texas Certificate Sufficient?
12.27.23
Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
11.9.23 | The Subrogation Strategist
Adjuster Under Oath: Insights and Advice Regarding Adjuster Depositions
11.7.23 | 2023 NASP Annual Conference
Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
11.7.23
Reading the Small Print: A Discussion of Contractual Impediments to Subrogation
10.17.23
New York Court Holds Insurer Can Recover Before Insured Is Made Whole
10.2.23 | The Subrogation Strategist
New York Court Holds Insurer Can Recover Before Insured Is Made Whole
9.29.23
New York Court Holds Insurer Can Recover Before Insured Is Made Whole
9.20.23
Time's Up: The Effect of Statutes of Repose on Liability and Subrogation
9.20.23 | CLM Webinar Series
Clock’s Ticking: Discussion of the Statute of Repose and its Impact on Subrogation
8.15.23
Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine
6.21.23
Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine
6.21.23 | The Subrogation Strategist
Subro Trauma Center - Part 2: A Long Way From Home - Pursuing Claims Against Foreign Entities
6.20.23
ELD Strikes Again! Michigan Court Hits the Brakes on Plaintiffs’ Economic Loss Claims
5.30.23
ELD Strikes Again! Michigan Court Hits the Brakes on Plaintiffs’ Economic Loss Claims
5.30.23 | The Subrogation Strategist
Part 1: Subrogor Problems - Handling Claims Involving an Uncooperative or Difficult Insured
5.16.23
Master of Ceremonies: The Art of Running the Show at Joint Inspections
5.9.23 | NASP Webinar
First Line of Offense: Spoliation and How Property Adjusters Can Help Preserve Subrogation Claims
3.29.23 | Tampa FL
No Signature, No Problem: Texas Court Holds Contractual Subrogation Waiver Still Enforceable
3.29.23 | The Subrogation Strategist
No Signature, No Problem: Texas Court Holds Contractual Subrogation Waiver Still Enforceable
3.29.23
A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence
3.3.23
A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence
3.3.23 | The Subrogation Strategist
Keeping the Lights On: A Primer for Handling Cases Against Utilities From Notice to Recovery
2.16.23 | 2023 NASP Spring Conference
In All Fairness: A Discussion of Recent Court Decisions Finding Arbitration Clauses Unenforceable
1.17.23
Not So Fast: Washington Court Finds the One-Year Limitations Period in a Residential Construction Contract Is Unenforceable
12.5.22
Failing Safely: Discussion on Product Design Defect Cases Related To Fail-Safe Components
11.21.22
Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
11.16.22 | The Subrogation Strategist
Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
11.16.22
The Imitation Game - Using Exemplars at Product Examinations
11.8.22 | 2022 NASP Annual Conference
Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase
9.16.22
Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase
9.16.22 | The Subrogation Strategist
I’ve Got Friends in First-Party Places
8.18.22 | CLM Webinar
Who's on First: How First Party Claims Adjusters Add Value to Subrogation Recovery Efforts, Part 2
8.18.22
Mind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical Testing
8.17.22
In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable
7.19.22
In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable
7.19.22 | The Subrogation Strategist
Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors
5.9.22 | Subrogation Strategist
Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors
5.9.22
Learning From Experience - Attorney Perspectives on Effective and Ineffective Expert Support to Build Your Case
March 16 - 17, 2022 | The Institute of Fire Science
Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking Contribution from a Product Installer
3.9.22
Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking Contribution from a Product Installer
3.9.22 | The Subrogation Strategist
Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims
2.23.22 | The Subrogation Strategist
Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims
2.23.22
White and Williams Announces 15 Lawyer Promotions
1.3.22
Who's on First: How First-Party Claims Adjusters Add Value to Subrogation Recovery Efforts
12.30.21 | Subro Sessions
Subrogation Lawyers Get Real Life Fire Training
10.27.21
Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove Proximate Cause in Underlying Claim
10.20.21 | The Subrogation Strategist
Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove Proximate Cause in Underlying Claim
10.20.21
As Time Rolls On So Do Spoliation Claims
Fall/Winter 2021 | Subrogator Magazine
Spoliation: Often Argued, Rarely Understood
9.23.21 | Subro Sessions
Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability
8.20.21 | The Subrogation Strategist
Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability
8.20.21
The Malfunction Theory of Products Liability
8.11.21 | Subro Sessions
Mindful Mediation: Navigating the Path to Recovery (Part 2)
7.16.21 | Subro Sessions
An Insured In-Part: Michigan Court Holds That Tenant Is an Implied Co-Insured on Landlord’s Property Insurance Only With Respect to the Leased Premises
7.12.21 | The Subrogation Strategist
An Insured In-Part: Michigan Court Holds That Tenant Is an Implied Co-Insured on Landlord’s Property Insurance Only With Respect to the Leased Premises
7.7.21
Mindful Mediation: Navigating the Path to Recovery (Part 1)
6.4.21 | Subro Sessions
When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor
6.2.21 | The Subrogation Strategist
When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor
6.2.21
Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory
5.17.21
Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory
5.17.21 | The Subrogation Strategist
Anthony Miscioscia Recognized by JD Supra 2021 Readers' Choice Awards
3.31.21
Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
3.31.21 | The Subrogation Strategist
Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
3.31.21
Inspector Gadget: How Technology is Advancing Origin and Cause Investigations
3.26.21 | 2021 National Association of Subrogation Professionals Spring Conference
What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the Statute of Repose
3.5.21 | The Subrogation Strategist
What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the Statute of Repose
3.5.21
Pennsylvania Federal Court Excludes Expert Testimony That Tries To Force a Square Peg Into a Round Hole
2.9.21
Pennsylvania Federal Court Excludes Expert Testimony That Tries To Force a Square Peg Into a Round Hole
2.9.21 | The Subrogation Strategist
Recovery and Beyond: The Past, Present and Future of Subrogation
11.16.20 | National Association of Subrogation Professionals Annual Conference
Nothing Personal – Missouri District Court Holds that Defendant’s Nationwide Retail Website Does Not Subject it to Specific Jurisdiction
10.28.20
Cooperation Between Public & Private Sector Fire Investigators - Always Room for Improvement
10.20 | Fire & Arson Investigators Journal
Nothing Personal – Missouri District Court Holds that Defendant’s Nationwide Retail Website Does Not Subject it to Specific Jurisdiction
10.28.20 | The Subrogation Strategist
How Subrogation Professionals and First-Party Claims Adjusters Can Work Together for Mutual Benefit
9.8.20 | The National Association of Subrogation Professionals Webinar
A Whole New World: Building Automated Systems (BAS) and Subrogation
Fall/Winter 2020 | Subrogator Magazine
Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy
7.9.20 | The Subrogation Strategist
Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy
7.7.20
Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant
6.10.20 | The Subrogation Strategist
Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant
6.10.20
New Jersey Supreme Court Requires Proof of Diminution of Market Value to Establish Damages
5.8.20
Insurance Lawyers Recognized by JD Supra 2020 Readers' Choice Awards
4.29.20
Mississippi Supreme Court Applies AIA Subrogation Waiver to Non-Work Property Damage
4.17.20
Mississippi Supreme Court Applies AIA Subrogation Waiver to Non-Work Property Damage
4.17.20 | The Subrogation Strategist
Commercial Tenant’s Subrogating Insurer Barred by Lease Terms from Pursuing Landlord
3.18.20 | The Subrogation Strategist
Commercial Tenant’s Subrogating Insurer Barred by Lease Terms from Pursuing Landlord
3.18.20
Avoiding the "S" Word: Cautionary Evidence Handling Folktales and How to Avoid Becoming Part of the Lore
Spring/Summer 2020 | Subrogator
Wisconsin Supreme Court Induced to Narrowly Interpret Exceptions to the Economic Loss Doctrine
2.25.20 | The Subrogation Strategist
Wisconsin Supreme Court Induced to Narrowly Interpret Exceptions to the Economic Loss Doctrine
2.25.20
Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property
2.3.20 | The Subrogation Strategist
Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property
2.3.20
White and Williams Announces Lawyer Promotions
1.2.20
Establishing Proximate Cause Where Both Roads Lead to the Defendant
12.26.19 | The Subrogation Strategist
Establishing Proximate Cause Where Both Roads Lead to the Defendant
12.26.19
Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions
11.14.19 | The Subrogation Strategist
Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions
11.14.19
In Order to Form a More Perfect Union – How to Utilize the Public Sector Investigation to Support Your Case
10.28.19 | National Association of Subrogation Professionals, Annual Conference (Washington, DC)
Unusual Checks and Balances – Proving Out-of-the-Ordinary Damage
10.28.19 | National Association of Subrogation Professionals, Annual Conference (Washington, DC)
California Clarifies Its Inverse Condemnation Standard
10.8.19 | The Subrogation Strategist
California Clarifies Its Inverse Condemnation Standard
10.8.19
Crisis Averted: Why Having An Attorney At Inspections Can Avoid Catastrophes
Fall/Winter 2019 | Subrogator Magazine
Ohio Court Measures the Damage to a Computer Network by Its Value to the Owner, Not Its Fair Market Value
8.21.19
Ohio Court Measures the Damage to a Computer Network by Its Value to the Owner, Not Its Fair Market Value
8.21.19 | The Subrogation Strategist
Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts
7.12.19
Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts
7.12.19 | The Subrogation Strategist
Game of Rooms – Strategies for Conquering Your Next Mediation
5.19 | CLM Magazine
California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
5.2.19
California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
5.2.19 | Subrogation Strategist
Game of Rooms – Strategies for Conquering Your Next Mediation
4.24.19 | CLM Webinar
Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania
4.5.19
Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania
4.5.19 | The Subrogation Strategist
Game of Rooms - Strategies for Conquering Your Next Mediation
3.19.19 | NASP Webinar
District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements
3.8.19 | The Subrogation Strategist
District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements
3.8.19
New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers
3.5.19 | The Subrogation Strategist
New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers
3.5.19
Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant
2.22.19 | The Subrogation Strategist
Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant
2.20.19
California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
1.10.19
California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
1.10.19 | The Subrogation Strategist
Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of Disappointed Contractual Expectations
12.4.18 | The Subrogation Strategist
Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of Disappointed Contractual Expectations
12.4.18
Podcast: Strategies for Conquering Your Next Mediation
Fall 2018 | National Association of Subrogation Professionals
Strategies for Conquering Your Next Mediation
Fall/Winter 2018 | Subrogator Magazine
California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product Liability Case
10.1.18 | The Subrogation Strategist
California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product Liability Case
10.1.18
Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
9.4.18
Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
9.4.18 | The Subrogation Strategist
Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property Damage
7.23.18
Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property Damage
7.23.18 | The Subrogation Strategist
Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
7.5.18 | The Subrogation Strategist
Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
7.5.18
Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance and Holds Tenant Responsible for Damage
5.8.18 | The Subrogation Strategist
Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance and Holds Tenant Responsible for Damage
5.8.18
Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies
3.20.18 | The Subrogation Strategist
Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies
3.20.18
Utah’s Supreme Court Addresses When an Insurer Can, Despite the Made Whole Doctrine, Proceed in Its Own Name
2.7.18
Utah’s Supreme Court Addresses When an Insurer Can, Despite the Made Whole Doctrine, Proceed in Its Own Name
2.7.18 | The Subrogation Strategist
Texas Court of Appeals Holds that Plaintiffs Bear the Burden of Proof as to the Willful Misconduct Exception to the Statute of Repose
12.20.17
Beyond the Scope: In Some Jurisdictions, You May be Able to Argue that a Subrogation Waiver Clause Does Not Apply to Damaged Areas Outside the Scope of the Work in Construction Contracts
7.17 | Subrogator
Law Week 2017: Associates Volunteer for Lawyers in the Classroom and Legal Advice Live
5.5.17
United States Court of Appeals for the Sixth Circuit Holds That Kentucky's Economic Loss Rule Does Not Apply to Consumer Transactions
4.19.17 | The Subrogation Strategist
United States Court of Appeals for the Sixth Circuit Holds That Kentucky's Economic Loss Rule Does Not Apply to Consumer Transactions
4.19.17
Colorado's Court of Appeals Considers How the Statute of Repose Applies in Multi-Contractor Cases
12.28.16 | The Subrogation Strategist
Colorado’s Court of Appeals Considers How the Statute of Repose Applies in Multi-Contractor Construction Cases
12.28.16
White and Williams Participates in American Red Cross "No More Fire Deaths" Campaign
10.10.16
In Pennsylvania, a Party May be Required to Disclose Materials in the Claim File of its Third-Party Claims
9.19.16 | The Subrogation Strategist
In Pennsylvania, a Party May be Required to Disclose Materials in the Claim File of its Third-Party Claims Administrator
9.19.16

Memberships

American Bar Association

REPRESENTATIVE MATTERS

Subrogation Department Defeats Statute of Repose-Based Motion for Summary Judgment

Represented insurance carrier in a multi-party construction defect case involving a collapse of a concrete parking deck in Boston, Massachusetts, which resulted in a favorable settlement at mediation
Represented insurance carrier jointly with homeowner in a complex high-dollar negligence action involving an explosion at a home after a fuel delivery
Represented insurance carrier in a high-dollar building fire involving the spontaneous combustion of improperly stored rags containing combustible chemicals
Represented insurance carrier and an energy corporation in a complex negligence and breach of contract action involving an extensive fire in an oil well facility in Carrollton, Ohio

BLOGS & PODCASTS

Blog

The Subrogation Strategist

Blog Posts

Speak Now or Forever Sign That Release – Part 1
The Subrogation Strategist, 3.4.25
Let’s Get Specific: Rhode Island Court Asserts Jurisdiction Over Out-of-State Manufacturer
The Subrogation Strategist, 1.22.25
Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product
The Subrogation Strategist, 12.3.24
Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors
The Subrogation Strategist, 9.5.24
Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit
The Subrogation Strategist, 7.18.24
Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate them – Part 2
The Subrogation Strategist, 7.16.24
Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in Contract
The Subrogation Strategist, 7.2.24
Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate Them - Part 1
The Subrogation Strategist, 6.18.24
A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured
The Subrogation Strategist, 2.28.24
Stop Suing Yourself: A Brief Discussion on the Anti-Subrogation Rule
The Subrogation Strategist, 2.20.24
Certificates of Merit: Is Your Texas Certificate Sufficient?
The Subrogation Strategist, 12.27.23
Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
The Subrogation Strategist, 11.7.23
Reading the Small Print: A Discussion of Contractual Impediments to Subrogation
The Subrogation Strategist, 10.17.23
New York Court Holds Insurer Can Recover Before Insured Is Made Whole
The Subrogation Strategist, 9.29.23
New York Court Holds Insurer Can Recover Before Insured Is Made Whole
The Subrogation Strategist, 9.20.23
Clock’s Ticking: Discussion of the Statute of Repose and its Impact on Subrogation
The Subrogation Strategist, 8.15.23
Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine
The Subrogation Strategist, 6.21.23
Subro Trauma Center - Part 2: A Long Way From Home - Pursuing Claims Against Foreign Entities
The Subrogation Strategist, 6.20.23
ELD Strikes Again! Michigan Court Hits the Brakes on Plaintiffs’ Economic Loss Claims
The Subrogation Strategist, 5.30.23
Part 1: Subrogor Problems - Handling Claims Involving an Uncooperative or Difficult Insured
The Subrogation Strategist, 5.16.23
No Signature, No Problem: Texas Court Holds Contractual Subrogation Waiver Still Enforceable
The Subrogation Strategist, 3.29.23
A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence
The Subrogation Strategist, 3.3.23
In All Fairness: A Discussion of Recent Court Decisions Finding Arbitration Clauses Unenforceable
The Subrogation Strategist, 1.17.23
Not So Fast: Washington Court Finds the One-Year Limitations Period in a Residential Construction Contract Is Unenforceable
The Subrogation Strategist, 12.5.22
Failing Safely: Discussion on Product Design Defect Cases Related To Fail-Safe Components
The Subrogation Strategist, 11.21.22
Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
The Subrogation Strategist, 11.16.22
Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase
The Subrogation Strategist, 9.16.22
Who's on First: How First Party Claims Adjusters Add Value to Subrogation Recovery Efforts, Part 2
The Subrogation Strategist, 8.18.22
Mind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical Testing
The Subrogation Strategist, 8.17.22
In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable
The Subrogation Strategist, 7.19.22
Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors
The Subrogation Strategist, 5.9.22
Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking Contribution from a Product Installer
The Subrogation Strategist, 3.9.22
Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims
The Subrogation Strategist, 2.23.22
Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove Proximate Cause in Underlying Claim
The Subrogation Strategist, 10.20.21
Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability
The Subrogation Strategist, 8.20.21
An Insured In-Part: Michigan Court Holds That Tenant Is an Implied Co-Insured on Landlord’s Property Insurance Only With Respect to the Leased Premises
The Subrogation Strategist, 7.7.21
When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor
The Subrogation Strategist, 6.2.21
Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory
The Subrogation Strategist, 5.17.21
Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
The Subrogation Strategist, 3.31.21
What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the Statute of Repose
The Subrogation Strategist, 3.5.21
Pennsylvania Federal Court Excludes Expert Testimony That Tries To Force a Square Peg Into a Round Hole
The Subrogation Strategist, 2.9.21
Nothing Personal – Missouri District Court Holds that Defendant’s Nationwide Retail Website Does Not Subject it to Specific Jurisdiction
The Subrogation Strategist, 10.28.20
Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy
The Subrogation Strategist, 7.7.20
Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant
The Subrogation Strategist, 6.10.20
New Jersey Supreme Court Requires Proof of Diminution of Market Value to Establish Damages
The Subrogation Strategist, 5.8.20
Mississippi Supreme Court Applies AIA Subrogation Waiver to Non-Work Property Damage
The Subrogation Strategist, 4.17.20
Commercial Tenant’s Subrogating Insurer Barred by Lease Terms from Pursuing Landlord
The Subrogation Strategist, 3.18.20
Wisconsin Supreme Court Induced to Narrowly Interpret Exceptions to the Economic Loss Doctrine
The Subrogation Strategist, 2.25.20
Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property
The Subrogation Strategist, 2.3.20
Establishing Proximate Cause Where Both Roads Lead to the Defendant
The Subrogation Strategist, 12.26.19
Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions
The Subrogation Strategist, 11.14.19
California Clarifies Its Inverse Condemnation Standard
The Subrogation Strategist, 10.8.19
Ohio Court Measures the Damage to a Computer Network by Its Value to the Owner, Not Its Fair Market Value
The Subrogation Strategist, 8.21.19
Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts
The Subrogation Strategist, 7.12.19
California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
The Subrogation Strategist, 5.2.19
Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania
The Subrogation Strategist, 4.5.19
District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements
The Subrogation Strategist, 3.8.19
New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers
The Subrogation Strategist, 3.5.19
Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant
The Subrogation Strategist, 2.20.19
California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
The Subrogation Strategist, 1.10.19
Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of Disappointed Contractual Expectations
The Subrogation Strategist, 12.4.18
California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product Liability Case
The Subrogation Strategist, 10.1.18
Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
The Subrogation Strategist, 9.4.18
Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property Damage
The Subrogation Strategist, 7.23.18
Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
The Subrogation Strategist, 7.5.18
Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance and Holds Tenant Responsible for Damage
The Subrogation Strategist, 5.8.18
Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies
The Subrogation Strategist, 3.20.18
Utah’s Supreme Court Addresses When an Insurer Can, Despite the Made Whole Doctrine, Proceed in Its Own Name
The Subrogation Strategist, 2.7.18
Texas Court of Appeals Holds that Plaintiffs Bear the Burden of Proof as to the Willful Misconduct Exception to the Statute of Repose
The Subrogation Strategist, 12.20.17
United States Court of Appeals for the Sixth Circuit Holds That Kentucky's Economic Loss Rule Does Not Apply to Consumer Transactions
The Subrogation Strategist, 4.19.17
Colorado’s Court of Appeals Considers How the Statute of Repose Applies in Multi-Contractor Construction Cases
The Subrogation Strategist, 12.28.16
In Pennsylvania, a Party May be Required to Disclose Materials in the Claim File of its Third-Party Claims Administrator
The Subrogation Strategist, 9.19.16

Podcasts

Subro Sessions

Speak Now or Forever Sign That Release – Part 1
3.4.25
This episode of the Subro Sessions podcast, the first of a two-part series entitled: “Speak Now or Forever Sign That Release - Part 1,” is hosted by Gus Sara and Lian Skaf, Partners. This episode discusses the topic of subrogation settlement releases including guidance for the parties that draft the releases, obstacles that subrogation professionals typically run into, inclusion of the insured as a signatory and suggestions on specific language to use in the settlement process.

Gus Sara

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