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October 01, 2003
Publication - Subrogation & Recovery - Insurance
Hurricane Isabel: A Preliminary Factual and Legal Analysis of the Subrogation Issues - Subrogation and Recovery Alert! - 19 pgs total. This paper serves as an initial analysis of the factual and legal issues affecting subrogation opportunities, providing various theories of recovery in the catastrophe context, with emphasis on NC and VA law. Topics: THE STORM AND ITS CONSEQUENCES; SUBROGATION ISSUES: Overview of Hurricanes and Their Offspring; Overview of Liability in the Disaster Context; Liability of Adjoining Landowners for Debris Damage; The Act of God Defense.
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August 28, 2003
Publication - Subrogation & Recovery
Product Liability Law: Basic Theories and Recent Trends - Subrogation and Recovery - Articles and Papers - 12 pgs total. Special attention given to South & North Carolina. What does it take to prove a product liability claim? Just because a fire or flood emanates from a product, does it necessarily follow that the manufacturer is liable for the damages that result? This article provides an overview of the standards for proving a claim of product liability against the seller or manufacturer of the product, including a discussion of some of the emerging trends in product liability law.
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August 19, 2003
Publication - Subrogation & Recovery - Insurance
When the Lights Go Out – Enforceability of Exculpatory Provisions in Utility Tariffs - Subrogation and Recovery Alert! - 4 pgs total. It has long been accepted that public utilities may disclaim or limit their liability for losses caused by their own conduct. A subrogating carrier may be able to circumvent tariff defenses by utilizing several strategies. While utilities are effectively insulated from liability for purely economic losses caused by service interruptions resulting from their own negligence, factual scenarios presented by typical subrogation cases may be beyond the scope of tariff disclaimers.
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July 16, 2003
Publication - Subrogation & Recovery - Insurance
The Volunteer Defense - Subrogation and Recovery Alert! - 3 pgs total. The volunteer defense is most often invoked by opponents who know little about property insurance claims and subrogation. Subrogation defendants typically attempt to pursue a volunteer defense in circumstances where there was a dispute or compromise regarding coverage or scope with respect to the first-party claim, although the defense may sometimes attempt to raise coverage arguments that were not even considered during the adjustment of the claim.
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July 01, 2003
Publication
Efforts by the board of a cooperative building to terminate the proprietary lease of a tenant-shareholder have traditionally been a costly and protracted process. A decision by the Court of Appeals in May appears to have removed some of the obstacles, but it is likely to raise new questions about the overall policies that govern the operations of any cooperative, as well as the certainty of tenant-shareholders' possessory rights under the proprietary losses.
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June 30, 2003
Publication - Subrogation & Recovery - Insurance
Dryer Fires - Subrogation and Recovery Alert! - 4 pgs total. The four main reasons dryers catch fire include installation error, user error, manufacturing defect and design defect. Topics: Talk to the Insured; Further Investigation: Improper Installation; Insured’s Maintenance and Use; Manufacturing and Design Defects. Another investigative source for deter-mining the cause of dryer fires is the findings set forth in the CPSC Clothes Dryer Project Study.
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May 27, 2003
Publication - Subrogation & Recovery - Insurance
Process Safety Management - Subrogation and Recovery Alert! - 3 pgs total. There are several potential benefits which a subrogation claimant can derive from the OSHA PSM regulations, as well as the EPA RMP regulations. Topics: OSHA PSM REGULATIONS; LEGAL/EVIDENTIARY ISSUES; EPA REGULATIONS
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January 10, 2003
Publication - Subrogation & Recovery - Insurance
Subrogation Issues Arising Within the Condominium Contexti - Subrogation and Recovery Alert! - 5 pgs total. Condominium claims present some interesting twists on issues familiar to the subrogation practitioner as well as new issues that are peculiar to the condominium system. …The most common issues to arise recently relate to standing and other aspects of the condominium association/owner relationship. Topics: HISTORY OF THE CONDOMINIUM; CONDOMINIUM LAW; STANDING TO SUE; PRO-RATA LIABILITY OF INDIVIDUAL OWNERS; CONDOMINIUM ASSOCIATIONS LIKENED TO LANDLORDS
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January 01, 2003
Publication - Subrogation & Recovery
Defenses to Subrogation Claims - Affirmative Defenses; Economic Loss - What is Spoliation? Almost every jurisdiction has its own spoliation criteria. They generally are comprised of the following elements:
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December 01, 2002
Publication
In early June 2002, a little-known buoy 26 miles off the coast of Cape May, New Jersey registered a water temperature of 83.1 degrees. It was the highest ocean temperature ever recorded off the New Jersey coast (14 degrees above normal) and a level typically
found only in the waters of the Gulf of Mexico. Four months later, in the span of just 12 hours, Hurricane Lili intensified over the Gulf of Mexico from a weak Category 2 hurricane to a strong Category 4 storm. Before mysteriously weakening and just before making landfall in Louisiana, Lili’s winds, just above the ocean surface, were clocked at an astounding 226 miles per hour.
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November 27, 2002
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Risk Managers and Recovery Opportunities in Mold Losses - For the past several years, risk managers and virtually everyone else actively involved in property insurance and other risk transfer mechanisms have been bombarded by articles, newsletters, seminars and conferences focusing on toxic mold.
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November 12, 2002
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Products Liability – Elements of Proof - A significant percentage of subrogation claims involves fires or other property damage caused by defective products. Most often, these involve some sort of electrical or mechanical failure of the product. Proving the defect in the product is often difficult, because, for example, if the product was involved in a fire, normally the product is completely destroyed, and this makes it difficult to establish the precise nature of the defect.
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November 06, 2002
Publication - Subrogation & Recovery - Insurance
Post Loss Adjustment Releases Between Insurer & Insured - Subrogation and Recovery Alert! - 5 pgs total. As part of the adjustment of a loss, an insurer will sometimes require the insured to sign a release in exchange for the settlement proceeds under the policy. It is critically important, however, that any release entered into during the adjustment stages between an insured and the insurer does not also contemporaneously release the tortfeasor in a subsequent subrogation claim.
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July 15, 2002
Publication - Subrogation & Recovery - Insurance
Prosecuting Claims Against Motor Truck Common Carriers - Subrogation and Recovery Alert! - 4 pgs total. The I.C.C. Termination Act abolished the Interstate Commerce Commission and replaced it with the Surface Transportation Board. Virtually all regulation of trucking freight rates was ended, with the exception of those companies involved in the transportation of household goods. Topics: PREPARING A VALID NOTICE OF CLAIM; INVESTIGATION OF THE CLAIM; POTENTIAL DEFENSES; PROVING DAMAGES; LIMITATION OF LIABILITY; SHIPMENTS MADE UNDER OCEAN BILL OF LADING; STATUTE OF LIMITATIONS
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June 14, 2002
Publication - Subrogation & Recovery
Life of a Complex Subrogation Case - Subrogation and Recovery - Articles and Papers - 38 pgs total. Corporate America is increasingly faced with complex insurance programs. Large self-insured retention limits are now used as a tool to reduce premiums on insurance policies while still providing insurance coverage at a level that is comfortable for the insured’s particular circumstances. The fear of lost profits often dictates a course of action directed towards resuming business without concern for potential third party recovery.
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May 23, 2002
Publication - Subrogation & Recovery - Insurance
Subrogation in Canada - Subrogation and Recovery Alert! - 9 pgs total. As a result of our recent affiliation with Perley-Robertson, Hill & McDougall in Ottawa, Canada, Cozen O'Connor is uniquely equipped to handle your subrogation claims in Canada. The following discussion is intended to provide a comprehensive overview of the applicable law and procedures in Canada relating to the filing and prosecution of subrogation claims.
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January 13, 2002
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - A Practicum on Identifying Potential Conflicts of Interest and Charting a Course for Ethical Behavior in the Context of the Complex Subrogation Case - In the context of handling substantial subrogation claims, the insured frequently will attempt to be made whole by recovering its self-insured retention or other uninsured limits, while at the same time property and workers compensation insurers will seek to protect their subrogation interests. Numerous issues...
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January 01, 2002
Publication - Subrogation & Recovery
Measure of Damages in Property Loss Cases - Subrogation Publications - Proving damages in a large property loss case is often tedious, sometimes complex, and occasionally treacherous. The drudgery of itemizing the damages is difficult enough. The battle over entitlement to economic damages is no less daunting. Once entitlement is established, the weary litigant may have little time or energy left to fully analyze the proper legal standards for recovering those damages. This article is
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January 01, 2002
Publication - Subrogation & Recovery
The Economic Loss Doctrine - Subrogation Publications - THE ECONOMIC LOSS DOCTRINE
A new dump truck’s brakes fail when it is parked and the truck rolls into a guard-rail. The truck is “in the shop” for repairs for three weeks. Can the truck’s owner recover for his lost profit while the truck is being repaired? As a general rule, no. Recovery of such lost profits is barred by the “economic loss doctrine”. This judicially crafted doctrine prohibits tort
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January 01, 2002
Publication - Subrogation & Recovery
Investigating and Prosecuting Building Collapse and Construction Failure Subrogation Claims - Subrogation: Forensic Consultants and Experts - I. INTRODUCTION
Building collapse and construction failure claims represent a significant opportunity for enhancing subrogation revenues. The most common forms of collapse include wind uplift and accumulations of rain or snow. Proper investigation of such incidents, entailing documenting the cause and preserving appropriate evidence, is critical. In addition, it is important to understand the
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