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Negligence Doctrine: Pure Contributory Negligence

Circuit # 4

Med Pay Subrogation - No

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 or 20 years
Breach of Contract (Written) 3 years
Personal Property 3 years
Personal Injury 3 years
Medical Malpractice 3 or 5 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; Insurer can collect even if insured has not been made-whole


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Disposable wages are defined as the amount of wages that remain after mandatory deductions required by law, plus medical insurance payments. The amount exempt is the greater of 75% of disposable wages, or $145 times the number of weeks in which the wages were earned; A judgment creditors report must be sent each month to the debtor and employer

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $10,000
Liable for restitution for minor’s criminal acts

Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease

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 However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in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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