Subrogation Case Archives

The following are actual examples of Texas Mutual^® subrogation cases involving vehicles, products, and premises.

Vehicles
Two teenage employees of a car dealership took a BMW for a joy ride. The driver took a curve too fast, lost control of the car, and crashed into our policyholder’s semi-truck. As a result, the husband-wife team who operated the semi was injured. Our investigation revealed that the dealership’s employees frequently borrowed inventory to drive. This made the dealership liable for their actions. We recovered the benefits we paid on both claims.

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Products
A manufacturer of heavy industrial refrigeration equipment hired our policyholder to help replace a part at our policyholder’s plant. The manufacturer’s foreman improperly jacked up one side of the two-story tall machinery to allow the crews to access the part. Despite warnings that the cribbing set-up was dangerous, the foreman had the crew begin work. The equipment fell over, killing our policyholder’s employee. From the resulting settlement, we recovered the benefits we paid, and the injured worker’s beneficiaries also recovered, allowing us to end benefits.

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Premises
In the building where our policyholder rented space, the landlord had disabled the security alarm and failed to repair it. A 22-year old lab technician who worked for our policyholder stayed late one night to finish her work. An intruder entered through the back door and brutally assaulted her. Because the landlord failed to provide his tenants a safe premises, we pursued him to repay benefits we paid.

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