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Second Circuit Discusses Use of Circumstantial Evidence in Subrogation Action

Just last week, the Second Circuit offered subrogation litigators a reminder about some negligence fundamentals.  While affirming an EDNY summary judgment ruling against an insurer in a fire subrogation case, the Second Circuit took a deeper dive than we’re accustomed to seeing about the why/what/where/when of circumstantial evidence. The immediate case involved an extension cord-sparked …

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