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December 01, 2006
Publication - Insurance Coverage, Subrogation & Recovery
Something To Prove: The Impact of the Burden of Proof in Property Damage Claims - WP - Establishing whether the plaintiff or defendant has the burden of proof in a civil action can mean the difference between winning and losing a case. In a subrogated claim for property damage, it is usually the plaintiff, the insurance company suing in its insured's name, who has the burden of proving that a defendant is responsible for the loss.
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November 30, 2006
Publication - Subrogation & Recovery
A Letter From America - POST - STRATEGIC FOCUS - 1 pg. “Despite being virtually a risk-free procedure, few UK insurers look to pursue recovery of money for claims on which their clients are not responsible. …[A]lthough this practice is believed to originate from the U.S., the precedent was set by an 18th century London insurance firm.”
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November 27, 2006
Publication - Insurance Coverage
Put it in Writing: No Additional Insured Coverage Without a Written Contract on the Date of the Loss - Insurance Coverage Alert - November 27, 2006 - On October 31, 2006, the New York First Department Appellate Division issued an opinion in National
Abatement Corp. et al v. National Union Fire Insurance Company of Pittsburgh Pa., 2006 Slip Op. 07828
(October 31, 2006), affirming a trial court decision holding that a contractor is not entitled to additional insured
coverage under a subcontractor’s CGL policy when
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November 14, 2006
Publication - Electronic Discovery & Practice Advisory Services
2006 E-Discovery Seminar - New York (Marriott Financial Center) - E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared? - Accompanying seminar program book from the E-Discovery Seminar of 1/25/2007 at the New York Marriott Financial Center, Manhattan.
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November 06, 2006
Publication - Business, Corporate
Fall 2006 - Business Law Observer -
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November 06, 2006
Publication - Subrogation & Recovery - Insurance
The General Product Safety Directive - An Opportunity for Insurers - Subrogation and Recovery Alert! - 2 pgs total, International. Document’s focus is the: European Union Council Directive 92/59/EEC on general product safety; specifically the UK. [The regulations] place a general duty on all suppliers of consumer goods to supply products that are safe in normal or reasonably foreseeable use. Under the Regulations, the enforcement authorities are given new powers to enter premises, test products and seize records and products.
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November 04, 2006
Publication - Insurance Coverage - Insurance
Ensuing Loss Provision in Homeowners Policy Does Not Provide Coverage for Mold Contamination in Texas - Insurance Coverage Alert! -
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November 01, 2006
Publication - Subrogation & Recovery - Insurance
Don't Let Your Subrogation Claim Be Stolen - Subrogation and Recovery Alert! - 2 pgs total. As the price of copper has skyrocketed, thefts of copper piping and wiring, not only from public utilities and vacant buildings, but from unprotected loss scenes as well occurs. Not only can the theft of copper wiring and piping increase the nature and size of your loss, but can also have far reaching and detrimental consequences to your subrogation claim. These thefts serve as a reminder of the necessity to protect a loss scene from alteration and removal of evidence.
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November 01, 2006
Publication - Insurance Coverage
Silver Lining - BEST'S REVIEW - The Medicare Part D craze has brought with it a haze of complicated rules and regulations. Yet, for health insurers, there may be a glimmer of light breaking through all the fog.
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October 23, 2006
Publication - Subrogation & Recovery
2006 Rocky Mountain Subrogation Seminar - Rocky Mountain Subrogation Seminar - Program Book - 57 pgs. Taken from a subrogation seminar, these presentations discuss mediation basics, fire investigations, the importance of proper case handling, an update on Colorado law, and the allocation of responsibilities between general contractors and subcontractors.
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October 20, 2006
Publication - Insurance Coverage, Products Liability
Fall 2006 - Commercial Disputes Observer -
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October 17, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery Observer Summer/Fall 2006 - Subrogation and Recovery Observer - 18 pgs. The Observer is a Cozen and O’Connor newsletter discussing recent case victories and settlements as of Summer/Fall 2006. It also profiles new lawyers and lists product recalls.
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October 15, 2006
Publication
Federal Prosecutors Now Rebuked - Risk & Insurance - While corporate scandals are still making headlines, the government’s treatment of companies and their employees is also getting much deserved attention. In fact, there have been several well-justified challenges to U.S. policy, which has too long condoned federal prosecutors taking a pro-indictment stance against their corporate targets if they provide legal fees for their indicted employees.
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October 11, 2006
Publication - Government & Regulatory
Non-traditional Theories of Recovery for Losses Arising Out of Maritime Casualties - Maritime Recovery Update - 10/11/2006 - 3 pgs total. When significant cargo losses result from sinking, fire or some other casualty, the usual targets against which subrogation efforts are focused are the vessel, its owner and possibly the vessel’s charterer. Unfortunately, this narrow approach can leave marine insurers with a bleak recovery prospect. One theory of recovery has entailed prosecution of a cargo shipper. Another category of defendants which has been targeted by hull and cargo insurers is the classification society.
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October 03, 2006
Publication
The Volunteer Defence - Subrogation and Recovery Alert! - 5 pgs total. The volunteer defence may be raised by defendants in a subrogated action in order to challenge the right of an insurance company to seek recovery for a loss paid to an insured under a policy. As the name suggests, the volunteer defence alleges that an insurance company has made voluntary payments to its customer without any obligation to do so under the policy or in law. Topics: ORIGINS OF THE DEFENCE; THE LAW IN CANADA; SHOULD INSURERS BE CONCERNED?
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September 17, 2006
Publication - Labor & Employment
Fall 2006 - Labor and Employment Observer -
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September 15, 2006
Publication
A ‘Dog’s Life’ Upheld - Risk & Insurance - Recently I traveled more than 30 miles to attend the sentencing of a young man convicted of animal cruelty for tying a domesticated dog to a tree and “punishing” it in ways too inhumane to describe. The dog somehow survived and now lives with a foster family—a true measure of animals’ resiliency. At the courthouse, crowds cheered when word spread that this creep received as much jail time as the court could legally impose.
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September 13, 2006
Publication - Subrogation & Recovery
9/13/2006 - Employee Benefits Alert! - 2 pgs. This employee benefits alert discusses a deadline for amending 401(K) plans of the end of 2006 as well as a new IRS determination letter program, where determination letters must be filed by sponsors every 5 years.
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September 04, 2006
Publication
Corrugated Stainless Steel Tubing: Turning Lightning Into A Blowtorch - Subrogation and Recovery Alert! - 5 pgs total. The problem of lightning induced fires involving CSST is not limited to one town in Texas. Topics: Before CSST; The New Alternative to Black-Iron Piping – CSST; Lightning and CSST; CSST Manufacturers Respond; Pursuing Recoveries for CSST Fires; Pursuing Recoveries for CSST Fires.
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September 01, 2006
Publication - Business, Government & Regulatory, Health Care & Life Sciences - Health Care & Life Sciences
Using Mental Health Records for Research - Compliance Today - The Health Insurance Portability and Accountability Act’s Privacy Rule (the “Privacy Rule”) strikes a balance between restricting the unauthorized disclosure of medical records and permitting health care providers to operate effectively, including participation in research studies. Specifically, the Privacy Rule takes into account that getting patient authorization for a disclosure can be problematic for researchers who do not interact directly with
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