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In the wake of the devastating January 2025 wildfires in California, the Governor of California proposed new legislation seeking to cap the property insurance industry’s ability to recover from investor-owned utilities whose equipment and/or conduct caused a wildfire. While the insurance industry was ultimately able to defeat this bill, it is emblematic of a growing trend throughout the United States seeking to insulate utilities from liability, including, and in some instances focusing primarily on, subrogating insurers' ability to recover from said utilities. This session will provide the history and background of complex subrogation actions investigating and litigating wildland fires, including an explanation as to the increased occurrence and risks associated with wildland fires in the past decade that have led to the current landscape. The session will then explore the various legislative approaches taken across the United States to limit the insurance industry’s ability to recover from utilities (and the lobbying efforts from U.S.-based carriers to defeat said legislation), evaluate the legislation’s enforceability, assess the impact of this legislation on property insurance in wildfire-prone states, suggest actions the industry can take to preserve its rights, and propose practical alternatives that balances the public’s need for electricity with the need to hold the utility responsible for the damages it caused and keep insurance affordable.
Meet the presenters, Joel Radakovich and Meghan Rodda!
Joel Radakovich is a partner in Grotefeld Hoffmann’s Austin office. Mr. Radakovich focuses primarily on matters involving large loss property subrogation, including losses complex cases stemming from wildland fires and catastrophic events. He has a multi-jurisdictional practice, litigating cases throughout the United States and has tried cases to verdict in both State and Federal courts situated in Iowa and Texas. Mr. Radakovich earned a Bachelor of Arts in Political Science and Minors in History and Literature from Marquette University in 2007. In 2015, he earned his law degree from The John Marshall Law School where he graduated Cum Laude. During his time at John Marshall, Mr. Radakovich was a member and staff editor for The John Marshall Law Review and was also a member of the Dean’s List for honors. Mr. Radakovich is licensed to practice law in the State of Illinois, State of Texas, State of Montana, State of Arizona, State of Colorado, State of New Mexico, and is admitted to the United States District Court in multiple jurisdictions.
Meghan Rodda is a partner in Grotefeld Hoffmann’s Minneapolis office. Ms. Rodda has a multi-jurisdictional practice focused primarily on large loss subrogation matters, specifically in the areas of mass tort, products liability, construction defects, fire and water losses, explosions, and worker’s compensation. Ms. Rodda’s practice also includes coverage disputes between insurers and policyholders, including extra-contractual claims. Ms. Rodda earned a Bachelor’s of Arts from Davidson College in North Carolina and earned her Juris Doctor from Marquette University Law School. Ms. Rodda is licensed to practice law in Minnesota and Wisconsin. She is also admitted to the United States District Court for the Districts of Minnesota, North Dakota, and Eastern and Western Districts of Wisconsin as well as the United States Court of Appeals for the Eighth Circuit.