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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: Sovereign Immunity in the Midwest -
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January 13, 2006
Publication - Subrogation & Recovery
How to Select and Properly Use Experts - Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - - 15 pgs total. Outline headings: What Kind Of Expert Might You Need; What Is The Purpose Of The Expert; What Should Be The General Criteria For The Retention Of A Particular Expert -- The Qualities Of A Good Expert; What Expert Should Be Selected -- The Specific Criteria -- The Qualifications Of A Good Expert; Who Should Select The Expert; Cost.
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January 13, 2006
Publication - Subrogation & Recovery
Governmental Immunity - Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers - 4 pgs total. Governmental immunity describes the various doctrines or statutes that provide federal, state, or local governments immunity from tort-based claims. We present a sampling of cases supporting the view that a special duty must be established in order to hold a governmental entity liable. Claims against governments are often subject to time sensitive notice requirements. Some jurisdictions have enacted liability caps that limit the amt. of damages that can be recovered.
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January 13, 2006
Publication - Subrogation & Recovery
Circumventing Waivers of Subrogation, Exculpatory Clauses and Other Limitations - Subrogation and Recovery - Articles and Papers - 5 pgs total. Subrogation rights may be lost in one of two ways: the insurance company, by conduct or agreement, can waive its subrogation rights; or exculpatory or waiver clauses entered into by an insured can relieve the tortfeasor from liability. The waiver may also be challenged as an exculpatory clause that must be strictly construed; and avoided where there is a showing of gross negligence or willful and wanton misconduct.
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January 13, 2006
Publication - Subrogation & Recovery
Proof of Damages in Subrogation Actions; Problems and Solutions - Subrogation and Recovery - Articles and Papers - 14 pgs total. While there are some minor variations from state to state in the applicable law regarding property damages, the basic principles are universal... This article discusses the legal standards for proving the amounts recoverable from a tortfeasor for the kinds of damages that are most frequently involved in subrogation claims...
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January 13, 2006
Publication - Subrogation & Recovery
NFPA 921 and Proper Loss Site Investigation Techniques - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - - 5 pgs total (1996 version). Fire origin and cause investigators must be intimately familiar with NFPA 921 given the current landscape of civil litigation and the parameters associated with the admissibility of expert testimony. Topics: ORIGIN AND DEVELOPMENT OF NFPA 921; INFORMATION ADDRESSED; IMPORTANCE OF NFPA TO THE CLAIMS ADJUSTER, EXPERTS AND COUNSEL. NFPA 921 was issued in '92 and focused primarily on the determination of origin and causes of fires and explosions involving structures.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: Update on California Law -
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - Subrogation Based Upon the Negligent and Intentional Acts of Children - These materials attempt to explain how to proceed in a subrogation action for the negligent and/ or intentional acts of children. the first section explains the various theories of liability used in this area and the second section addresses the coverage issues presented by this topic.
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January 13, 2006
Publication - Subrogation & Recovery
Criteria for Admission of Expert Opinion Testimony Under Daubert and its Progeny - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - 10 pgs total. Topics: F.R.E. 702 As Amended To Reflect Ideology of Daubert; Application of F.R.E. 702 and Daubert Criteria to Subrogation Actions; Guidelines For Establishing Foundation for Admission of Expert Opinion Testimony in Subrogation Cases.
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January 13, 2006
Publication - Subrogation & Recovery
Litigating A Subrogation Case in New York - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 6 pgs total; Q & A regarding Subrogation in NY. Questions include: How long does it usually take to try a case to verdict? What explains the difference between state and federal court? Strategies for moving the case: Why file suit in state court?
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January 13, 2006
Publication - Subrogation & Recovery
Inverse Condemnation as Applied in Flood Cases - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 8 pgs total. Over the years, California case law has articulated standards that have complicated a party’s ability to obtain recovery against public entities in water loss cases. Recently, however, two California Court of Appeal cases arrived to shed some light at the end of the litigation tunnel. This article will proceed to discuss in detail the significance of Arreola and Paterno.
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January 13, 2006
Publication - Insurance Coverage, Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Investigation and Analysis of Third Party Liability for Boiler, Machinery and Equipment Failures -
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Investigating and Prosecuting Building Collapse and Construction Failure Subrogation Claims -
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January 13, 2006
Publication - Insurance Coverage
Arson & Fraud - Spontaneous Combustion Technical and Legal Issues - Many subrogation attorneys and insurance claims representatives have prosecuted claims arising out of fires allegedly caused by spontaneous combustion. The majority of these cases involve well-known spontaneous combustion hazards, such as products containing boiled linseed oil.
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January 13, 2006
Publication - Subrogation & Recovery
The Impact of the Economic Loss Doctrine on Ocean and Inland Marine Subrogation Claims - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 15 pgs total. The economic loss doctrine significantly impacts the availability of tort remedies in the context of marine subrogation claims. The ability to recover in tort is important because of restrictions on rights of recovery under contract or warranty. Topics: DEVELOPMENT OF THE ECONOMIC LOSS DOCTRINE; DEFINING OTHER PROPERTY; EROSION OF THE POST-SALE DUTY TO WARN EXCEPTION; SERVICE TRANSACTIONS; RECOVERY OF ECONOMIC LOSSES WHICH RESULT FROM DAMAGE TO OTHER PROPERTY
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January 13, 2006
Publication - Insurance Coverage, Subrogation & Recovery
Multi-State Midwest Survey on Spoliation - Subrogation and Recovery - Articles and Papers Regional Updates in Subrogation Law & Litigation: - 11 pgs total. This paper is broken down into two sections. The first section is an overview that summarizes the elements necessary for the spoliation of evidence in each state. The second section provides a detailed analysis of “spoliation law” in each state, the future of the law, and the application of current law to specific fact patterns.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery Theories of Liability - Proving Gross Negligence to Overcome Limitations of Liability - Subrogation and Recovery - Articles and Papers - 3 pgs total. The subrogation professional may be able to plead and prove gross negligence to overcome contractual limitations of liability. Care must be taken, however, to ensure that the evidence presented does not eclipse the liability policy providing indemnification to the target defendant. Topics: Common Limitation of Liability Clauses; Gross Negligence Exception; Defining Gross Negligence; Proof Issues; Coverage Issues
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - Losses Involving Polybutylene Pipes -
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January 13, 2006
Publication - Subrogation & Recovery
Chartered Vessels: Identifying Culpable Parties - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 8 pgs total. In most instances, the bill of lading which represents title to the goods is negotiated, leaving the ultimate cargo owner with little or no idea as to who it should look to in the event the shipment is lost or damaged. Even after the owner, charterer and sub-charterers have been identified, the question becomes who, among the several contractors involved, is responsible for loss and damage to the cargo? Topics: In Rem Liability Of The Vessel; NVOCC Liability
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Spoilation of Evidence -
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