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Negligence Doctrine: Pure Contributory Negligence

Circuit # 11

Med Pay Subrogation - Yes

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 7 years
Breach of Contract (Written) 6 years
Personal Property 2 years
Conversion 6 years
Personal Injury 2 years
Warranty 4 years


Sue Owner for Negligence - No

Suspend Owner's License - No

Deductible Reimbursement

Undecided / Pro-Rata Default

No applicable statute

Administrative Code provision or case law exists

Policy language can modify made-whole rule



(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
After 4/12/1988: 25% of weekly disposable earnings or amount by which the debtor's disposable earnings exceeds thirty (30) times the minimum wage

Parental Responsibility

Minor (Under 18)

Dollar Limit on Parents' Liability = $1,000.00

Liable when child causes intentional, willful or malicious destruction to real or personal property

Subrogation by Landlord's Carrier against Tenant

Yes - Unless lease between landlord and tenant contains a waiver of subrogation

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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