Partner Todd Weston and Associates Karolyn Eilertsen and Catherine Messer Secure Dismissal in 7-Figure Subrogation Fire Loss Claim

F. Todd Weston, along with the team of Catherine C. Messer,  and Karolyn E. Eilertsen, recently had its client’s Motion to Dismiss a 7-figure subrogation fire loss claim in North Alabama granted. Using the subrogation waiver language set forth in the American Institute of Architects General Conditions, Todd and his team successfully argued to the Court that the subrogation claims, arising from insurance proceeds paid to the property owner who sustained significant fire loss damages, were barred under Alabama law because the property owner executed the contract, and that the subrogated Plaintiff insurer’s rights against Todd’s client were limited only to those of the property owner. Because the property owner executed the contract with the client, waiving subrogation, the subrogated Plaintiff insurer’s cause of action was likewise contractually waived and barred. This result continues the success of the firm’s subrogation practice, both in prosecution, where Todd recently secured a $4.5 million, 100%, jury verdict for a subrogated carrier client, to regularly defending clients against similar type property loss subrogation claims.

F. Todd Weston is an experienced trial attorney and trusted counsel for insurance carriers and institutions in Alabama and Mississippi.  Previously with an international insurance firm in Chicago, Todd now makes Alabama his home and serves his clients here in the South.  Todd maintains strong working relationships with clients. He understands the realities and pressures clients face with modern litigation trends and serves to manage risk through timely and thorough evaluations, real-time and responsive updating, candid and actionable analysis, and recommending efficient resolution strategies.

Karolyn E. Eilertsen is an associate in the firm’s Birmingham office and represents clients in civil litigation, focusing on insurance defense, construction, transportation, and professional liability. Karolyn clerked for the Honorable Karoline Mehalchick in the U.S. District Court for the Middle District of Pennsylvania. Karolyn graduated cum laude from Tulane University in 2017 and received her Juris Doctorate from Tulane University School of Law in 2022.

Catherine C. Messer is an associate in the firm’s Birmingham office and represents clients in civil litigation focusing on insurance defense, construction, transportation, and professional liability. She regularly handles complex construction defect and trade-related professional liability matters with an emphasis on defending against and prosecuting indemnity claims as part of the comprehensive risk transfer strategies for owners, contractors, engineers, and professionals.

About Christian & Small

Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is a Mansfield Rule™ Participating Law Firm. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small's core values.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers