Commercial leases and construction agreements often provide for one party or another to assume the risk of loss in a given circumstance. An otherwise promising subrogation opportunity might be undone by a risk-shifting provision in the underlying agreement. This topic is equally important for those advancing subrogated claims and those defending against them. It is a tricky topic that is worth the investment of your time.
Risk Shifting Part 1 – What is Risk Shifting and Why Does It Matter?
