Fire Blanket Manufacturer not Liable for Failure to Warn [InterFIRE - Breaking Legal Developments]

Publication - Subrogation & Recovery

Fire Blanket Manufacturer not Liable for Failure to Warn - InterFIRE - Breaking Legal Developments - In Koken v. Black & Veatech,the First Circuit Court of Appeals reviewed judgment in favor of a fire blanket manufacturer. On May 17,
1999, a fire occurred during a torch-cutting operation performed as part of a construction project in Maine. A fire blanket had been used to protect the area beneath the welding.

Subrogation and Recovery - Articles and Papers [Overview of Environmental Recovery Issues]

Publication - Subrogation & Recovery

Subrogation and Recovery - Articles and Papers - Overview of Environmental Recovery Issues - When an insurer is hit with an environmental loss the ability to pursue recovery from potentially responsible parties should be carefully investigated. In many ways environmental losses are no different than other property losses.

Subrogating Against a Tenant: A Discussion of the Implied Co-Insurance Doctrine in the Northwest [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Subrogating Against a Tenant: A Discussion of the Implied Co-Insurance Doctrine in the Northwest - Subrogation and Recovery - Articles and Papers - 10 pgs total. As an “implied” insured, the tenant is legally immune from the landlord’s property carrier’s subrogation action under the same principle that prevents that carrier from subrogating against its named insured landlord. This theory is referred to as the implied coinsurance doctrine. Topics: Background on the Implied Co-Insurance Doctrine; Understanding How Lease Provisions May Affect Subrogation Rights; The Implied Co-Insurance Doctrine in the Northwest

Time Limitations In Property Claims [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Time Limitations In Property Claims - Subrogation and Recovery - Articles and Papers - 5 pgs total. This paper focuses on several recent developments in the law surrounding the limitation periods relevant to property damage claims. The main focus of the paper is the law in Ontario, however, one should bear in mind that each province has developed its own specific legislation and law regarding limitation periods. For additional reference, see a chart outlining several limitation periods of the provinces and territories.

Managing the Business of Recovery Litigation [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Managing the Business of Recovery Litigation - Subrogation and Recovery - Articles and Papers - 20 pgs total (International – Canada). This paper examines a number of issues relating to the conduct of recovery actions in Canada. This paper focuses on cases with sufficient money at stake wherein a more comprehensive effort to pursue recovery is warranted. In our firm, we use the benchmark of $100,000 as being the rule-of-thumb dividing these categories of cases. The point being examined is how insurers can go about obtaining the best results in the most cost-efficient fashion.

Going Global: A Guideline To Subrogation Outside the United States [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery

Going Global: A Guideline To Subrogation Outside the United States - Subrogation and Recovery Alert! - 5 pgs total, Internationally focused. Loss outside of U.S. jurisdiction can present legal principles that may be uncharted territory for many claims handlers. The following is intended to serve as a road map for understanding the basic subrogation principles of various foreign jurisdictions. Topics: COMMON LAW SYSTEMS V. CIVIL CODE SYSTEMS; THE PRINCIPLE OF "LOSER PAYS"; STATUTES OF LIMITATIONS: PRESCRIPTION PERIODS; USE OF EXPERTS; THE TRIER OF FACT

Fall/Winter 2005-2006 [Subrogation and Recovery Observer]

Publication - Subrogation & Recovery

Fall/Winter 2005-2006 - Subrogation and Recovery Observer - Subrogation and Recovery Observer

Tempering the Storm: Subrogation in the Wake of Hurricane Katrina [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Tempering the Storm: Subrogation in the Wake of Hurricane Katrina - Subrogation and Recovery Alert! - 9 pgs total. This paper serves an initial analysis of the factual and legal issues affecting your subrogation opportunities with emphasis on Federal, Louisiana, Mississippi and Alabama law. This paper does not address coverage issues or all issues relating to subrogation arising from catastrophic losses.

An Overview of Cutting Edge Developments in Canadian Insurance Litigation [Canadian Property Insurance Update]

Publication - Subrogation & Recovery

An Overview of Cutting Edge Developments in Canadian Insurance Litigation - Canadian Property Insurance Update - 120 pgs. This booklet contains written versions of presentations by a number of Canadian lawyers on Canadian property insurance issues.

Subrogation and Recovery - Articles and Papers [Overview of Subrogation and Recovery Issues]

Publication - Subrogation & Recovery

Subrogation and Recovery - Articles and Papers - Overview of Subrogation and Recovery Issues - It is not possible to devise a comprehensive checklist that spells out the activities or procedures that should or must be performed in investigating each and every fire, building collapse or other property loss investigation. Experience and common sense suggest certain procedures that are generally desirable to follow in the investigation of any ...

Federal Government not Liable for Failure to Maintain Firebreaks they Delegated to Independent [InterFIRE - Breaking Legal Developments]

Publication - Subrogation & Recovery

Federal Government not Liable for Failure to Maintain Firebreaks they Delegated to Independent - InterFIRE - Breaking Legal Developments - In Autery v. United States, No. 04-35105, (Sept. 12, 2005), the Ninth Circuit Court of Appeals reviewed actions arising out of a wildfire in Washington State.

The suit sought substantial damages, alleging,
among other things, negligence against the United States in not maintaining firebreaks. The district court dismissed based upon the FTCAs independent-contractor and discretionary -function exceptions.

Spinning Out of Control: Ford Recalls an Additional 3.8 Million Vehicles Containing the Defectively Designed Speed Control Deactivation Switch [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Spinning Out of Control: Ford Recalls an Additional 3.8 Million Vehicles Containing the Defectively Designed Speed Control Deactivation Switch - Subrogation and Recovery Alert! - 11 pgs total. For several years, Ford's speed control deactivation switch - a tiny component part, not much bigger than a sparkplug, has been burning down homes across the country. And as of September 7, 2005, it is now the subject of the one of the largest recall campaigns in the history of the automotive industry. Topics: Recall Campaign; The "Expanded Investigation"; The Media Blitz; The Recall of September 2005; The "Root Cause"; The Symptoms; Judicially Declared Defect.

New 2-Year Statute of Limitations Impacts Your Subrogation Claims in Ontario, Canada [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

New 2-Year Statute of Limitations Impacts Your Subrogation Claims in Ontario, Canada - Subrogation and Recovery Alert! - 3 pgs total, focus on Canada. The Ontario government recently enacted new legislation that created a general 2-year limitations period for commencing civil actions for most claims - including claims based in negligence, products liability and contribution and indemnity. The new Limitations Act significantly reduces the time for filing a lawsuit, and thus, greatly increases the need for efficient and timely handling of subrogation claims north of the border.

Testing the Water: Subrogation Possibilities Arising From the August 19, 2005 Storm [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Testing the Water: Subrogation Possibilities Arising From the August 19, 2005 Storm - Subrogation and Recovery Alert! - 10 pgs total, focus on Toronto. This paper will serve to highlight the factual and legal issues affecting your subrogation opportunities. Topics: OVERVIEW OF SUBROGATION ANALYSIS; POTENTIAL SUBROGATION CLAIMS; POTENTIAL DEFENCES TO ACTIONS ARISING FROM THE STORM

Where There's Smoke [BEST'S REVIEW]

Publication - Subrogation & Recovery

Where There's Smoke - BEST'S REVIEW - 1 page. A recent increase in welding rod claims regarding exposure to manganese has led to the issue of whether pollution exclusions can be applied to welding claims.

Ignorance of the Law is No Excuse: A Law Student’s Perspective on Acquiring Legal Information Literacy [Canadian Law Library Review]

Publication

Summer and the Season of Pestilence! Recovery Guidelines for Losses Involving Bug Foggers [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Summer and the Season of Pestilence! Recovery Guidelines for Losses Involving Bug Foggers - Subrogation and Recovery Alert! - 4 pgs total. To curb the number of fires and injuries resulting from foggers, the Environmental Protection Agency (EPA) approved new requirements on February 4, 1998 requiring that warnings and instructions be placed on insect foggers to ensure that they are used safely. This article is intended to better your understanding of how the use of bug foggers can lead to explosions and fires and what avenues of recovery may or may not be available for such claims.

Affirmative Defenses & Measure Of Recovery [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Affirmative Defenses & Measure Of Recovery - Subrogation and Recovery - Articles and Papers - 8 pgs total. Defense counsel may raise several affirmative defenses to defeat an insurer’s subrogation rights, including asserting that the statute of limitations has run or that a valid waiver of subrogation exists or other limitations of liability. Topics: Statue of Limitations, Waivers of Subrogation & Limitations of Liability, Proof & Measure of Recovery.

IT'S NOT AN ACT OF GOD: Losses in the Face of Hurricane Force Winds and other Natural Disasters [Southeastern Subrogation Seminar - Program Book]

Publication - Subrogation & Recovery

IT'S NOT AN ACT OF GOD: Losses in the Face of Hurricane Force Winds and other Natural Disasters - Southeastern Subrogation Seminar - Program Book - 128 pgs. This series of presentations discusses losses due to natural disasters, including hurricanes, lightning strikes, pipe freezing, and catastrophic disasters. Hurricanes Isabel, Charley, and Frances are specifically referenced. The related issues of concurrent causation and ethical behavior are also discussed.

Whose First Dollar Is It, Anyway? [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Whose First Dollar Is It, Anyway? - Subrogation and Recovery - Articles and Papers - 2 pgs of text total. One of the issues forever vexing insurers, insureds and counsel is the distribution of a subrogation recovery which amounts to less than the total loss. A cursory review of Sapiano v. Williamsburg Nat. Ins. Co. (1994) 28 Cal.App.4th 533 appears to entitle the insured to first dollar recovery, up to the full amount of its loss. A more careful analysis of the Sapiano decision suggests that its impact on subrogating carriers will generally be much less onerous.