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January 13, 2006
Publication - Subrogation & Recovery
Practice Tips for Subrogation Counsel in the New Jersey State Courts - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 9 pgs total. This presentation will review four peculiarities of New Jersey practice that subrogation practitioners should understand and employ to maximize recovery from cases litigated in the state courts. These four areas are (1) affidavits of merit; (2) the entire controversy doctrine; (3) the creation of business court; (4) mediation.
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January 13, 2006
Publication - Subrogation & Recovery
New Mexico Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 4 pgs total. The sovereign immunity enjoyed by the State of New Mexico and its governmental subdivisions was abolished by the N.M. Supreme Court in 1975. The legislature responded by enacting the Tort Claims Act... While the Tort Claims Act re-established sovereign immunity, it also created specific waivers of immunity which permit suit against the government. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES; LIMITATION OF LIABILITY
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: Utah Tort Claims & Immunities -
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January 13, 2006
Publication - Subrogation & Recovery
Arizona Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation - 6 pgs total. Public entities and public employees are protected from certain liabilities in Arizona by statutory immunities that do not provide protection to other defendants. Topics: PROCEDURAL NOTICE REQUIREMENTS AND STATUTE OF LIMITATIONS; STATUTORY IMMUNITIES
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January 13, 2006
Publication - Subrogation & Recovery
Inverse Condemnation - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 5 pgs total. The policy underlying the concept of inverse condemnation is that the costs of a public improvement benefiting the community should be spread among those receiving the benefit, as opposed to being allocated to a single person within a community. When available, inverse condemnation should always be alleged in a complaint against a government entity or public utility.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Work Like and Insurance Company to Save Money - The American Institute of Certified Public Accountants -
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January 13, 2006
Publication
The Forensic Investigation - The Obtaining & Maintenance of Evidence & the Selection & Use of Experts - Forensic Consultants & Loss Site Investigations - Subrogation and Recovery - Articles and Papers - 9 pgs total; in outline form. We will discuss here matters that we have found essential in the investigation of claims based principally upon claim handling and litigation in the United States. Whilst our focus is upon subrogation and recovery, the principles discussed certainly have far broader applicability.
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January 13, 2006
Publication - Subrogation & Recovery
Cargo Claims - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 11 pgs total. Topics: Legal liability of motor carriers; What is the liability of a bailee or warehouseman?; Exception to common carrier liability of act or omission of shipper (improper packing or loading); Claims Settlement Practices.
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January 13, 2006
Publication - Subrogation & Recovery
Interviewing Employees and Former Employees of a Defendant or Prospective Defendant - Forensic Consultants & Loss Site Investigations - Subrogation and Recovery - Articles and Papers - 9 pgs total. An adjuster is free to interview any witness without limitation. An investigator may be limited in interviewing witnesses. If an investigator is a “nonlawyer assistant”, then the investigator is governed by the same ethical guidelines as an attorney.
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January 13, 2006
Publication - Subrogation & Recovery
Maximizing Recovery of Damages in Subrogation/Recovery Claims - Subrogation and Recovery - Articles and Papers - 7 pg total. Insuring that recovery representatives and adjusters are maximizing damages for which recovery is sought by way of negotiation, arbitration, or trial is a several step process. Therefore, we certainly want to start with the maximum provable damage claim that we can legitimately advance under the law. The goal is to have our figure as the starting point for negotiation rather than the other side’s lower figure.
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January 13, 2006
Publication - Insurance Coverage
The Impact of Professional Licensure Requirements Upon a Fire Investigator’s Qualification To Testify as an Expert - Arson & Fraud - 24 pgs total, paper is from, 1996 Property Insurance Seminar. Topics: Licensure Requirements for Fire Investigators; Is Professional Licensure Required in Order to Testify as a Fire Expert?; Strategies for Avoiding Preclusion of Unlicensed Experts’ Opinions; Licensure Does Not Guarantee That a Witness is Qualified as an Expert.
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January 13, 2006
Publication - Subrogation & Recovery
Exculpatory Contractual Provisions and Third Party Tort Liability - Subrogation and Recovery - Articles and Papers - 13 pgs total. Paper focuses on the exculpatory clause. Topics include: 1/A DEFENDANT CANNOT GAIN THE BENEFIT OF EXCULPATORY CONTRACTUAL PROVISIONS CONTAINED WITHIN A CONTRACT TO WHICH IT IS NOT A PARTY; NOR CAN A DEFENDANT SUBJECT A PLAINTIFF TO EXCULPATORY CONTRACTUAL PROVISIONS CONTAINED WITHIN A CONTRACT TO WHICH THE PLAINTIFF IS NOT A PARTY, 2/EXCULPATORY CLAUSES MUST BE STRICTLY AND NARROWLY CONSTRUED, 3/THE PRESENCE OF INSURANCE IS NOT AN EXCUSE, 4/THIRD PARTY BENEFICIARY STATUS.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Spontaneous Combustion Technical and Legal Issues -
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January 13, 2006
Publication - Subrogation & Recovery
Nevada Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 4 pgs total. Any claim against the State, its agencies, or employees resulting from some official act can only be maintained in the absence of protective governmental immunity. The legislature has exposed the State of Nevada to liability by conditionally waiving in certain instances governmental immunity from suit. NRS §41.031, et seq. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES; LIMITATION OF LIABILITY
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January 13, 2006
Publication - Subrogation & Recovery
The Insurer/Insured Relationship in Subrogation - Subrogation and Recovery - Articles and Papers - 30 pgs total. Modern legal principles have divided subrogation into two basic categories reflecting how the right of subrogation arises. Legal subrogation, also known as equitable subrogation, arises when an insurer fulfills its obligations to an insured pursuant to the contract of insurance and, in fact, that obligation should have been paid by another, i.e., the tortfeasor. Conventional subrogation, also known as contractual subrogation, arises by virtue of contract or agreement.
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January 13, 2006
Publication
Pre-Complaint Discovery in Federal Court, Pennsylvania and New Jersey - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 37 pgs total. Presuit or pre-complaint discovery is both a tool, and often a necessity, in both state and federal court. Pre-complaint discovery for the purpose of perpetuation of testimony is generally permitted in both state and federal court. Pre-complaint discovery, however, may also be a tool for fleshing out facts and witnesses prior to filing a formal complaint. Paper covers PRE-COMPLAINT DISCOVERY IN PA & NJ.
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January 13, 2006
Publication - Subrogation & Recovery
Defenses in a Product Liability Claim - Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers - 3 pgs total. This article is intended to provide only a brief description of the defenses available to product liability claims. State courts across the country have addressed these defenses and have adopted unique nuances with respect to their applicability. This article of limited scope does not address the approaches adopted by each state.
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January 13, 2006
Publication - Subrogation & Recovery
Deposition Preparation for the Claims Professional - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - - 11 pgs total, includes questions and answers. After a brief definition of the deposition process and format, this paper will review the most traditional “commandments” for deponents or witnesses at depositions. We will then review steps that will aid the independent claims adjuster in preparing for a deposition. Topics include: THE CARDINAL RULES OF DEPOSITIONS; PREPARING FOR YOUR DEPOSITION
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - The Product Liability Torts -
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January 13, 2006
Publication - Subrogation & Recovery
Defenses in a Product Liability Claim - Subrogation and Recovery - Articles and Papers - 4 pgs total. This article is intended to provide only a taste of the defenses available in product liability claims. Topics: Abnormal Use/Misuse Defense, Assumption of the Risk Defense, Consent Defense, Implied Agreement to Relieve Defendant of Responsibility, Voluntary Acceptance of Risk Created by the Defendant, Unreasonable Acceptance of a Known Risk, Intended User Defense, Substantial Change Defense, Technical Defenses Based on the Law.
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