An increasingly common source of delay and confusion seems to be whether a contracting party will, or even can, waive its liability insurer’s subrogation rights against the other party, especially ...

In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large ...

At its core, any contract provides two primary functions. First, the rights and obligations of the parties are addressed. Second, the contract determines which party bears the risk of foreseen and ...

In an unpublished decision, the Wisconsin Court of Appeals recently addressed the interplay between contractual and statutory subrogation rights in the context of out-of-state personal injury ...