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Allstate Insurance vs. Toyota (C.A. No. 09-50138, Delaware County Court of Common Pleas; June 9, 2009).

Practice Area: Insurance

Outcome: Economic Loss Doctrine Not Applicable to Subrogated Insurance Carrier

Description: Successfully argued that a subrogated insurance carrier could recover in tort (rather than in contract) because the carrier lacked privity, the uniform commercial code did not recognize a remedy, and it is improper to employ contract remedies to abrogate equitable subrogation rights. Our model has since been followed in California, Florida, and Oregon.

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