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April 22, 2005
Publication - Subrogation & Recovery
California’s Residential Construction Claims Statutes - Subrogation and Recovery - Articles and Papers - 6 pgs total. The gist of the California statutes is that claimants must give written notice of claimed defects and provide a fair opportunity to builders, design professionals, sellers and even material suppliers to remedy the defects. What follows is a brief analysis of the statutes that exist in California.
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April 06, 2005
Publication - Subrogation & Recovery
Contemporary Issues in Large Subrogation, CGL Coverage and Marine Cargo Claims - Houston Insurance Seminar - Program Book - 300 pgs. The PowerPoints and reports in this book discuss a variety of issues in large subrogation, CGL coverage, and marine cargo claims.
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April 01, 2005
Publication
Domestic and international pressures are building rapidly on the United States to enact some form of legislation to curb greenhouse-gas emissions, as a spate of recent developments turns up the heat on the Bush administration. Internal pressure is building on several fronts. First, coalitions of nine Northeast states and three West Coast states are moving forward with their own regional greenhouse-gas cap-and-trade programs, raising the prospect of uneven CO2 regulation across the nation and electricity market distortions. Second, the bi-partisan National Commission on Energy Policy published a report in December urging the Congress and the White House to implement national legislation establishing a mandatory, economy-wide, tradable-permits program to limit greenhouse gas emissions. The regional greenhouse-gas programs and the recommendations of the National Commission on Energy Policy are likely preludes to the reintroduction in early 2005 of the McCain-Lieberman Climate Stewardship Act. The bill would establish a national greenhouse gas cap-and-trade program to reduce CO2 to year 2000 emission levels over the period 2010 to 2015.
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March 23, 2005
Publication - Subrogation & Recovery - Insurance
Time Limitations for Cargo Claims - Subrogation and Recovery Alert! - 7 pgs total. Shipment of goods by boat, train, airline, rail, or automobile may be subject to certain statutory time filing requirements. What follows is an analysis of the more prominent statutes that apply to the transportation of goods intra and inter-state.
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March 23, 2005
Publication - Subrogation & Recovery
The Economic Loss Doctrine and Damage to Aircraft - Subrogation and Recovery - Articles and Papers - 19 pgs total. The trend in cases applying the economic loss rule to aircraft damage is that, if the defective product or negligent service is part of the original bargained for exchange in the purchase of the aircraft, the economic loss rule applies. If the replacement part, service, or inspection of the aircraft is beyond the scope of that original purchase, the economic loss rule will not apply, and tort remedies are available.
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February 23, 2005
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Pipelines, Tanks and Blowouts, “Oh My!” - Special considerations in successful pursuit of environmental recovery claims.
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January 28, 2005
Publication - Subrogation & Recovery
California Government Tort Claims & Immunities - Subrogation and Recovery - Articles and Papers - 6 pgs total. The Tort Claims Act abolished absolute sovereign immunity and eliminated all common law or judicially declared forms of liability for public entities. As a result, since 1963, all government tort liability in California has been based on statute. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES
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January 28, 2005
Publication - Subrogation & Recovery
California Government Tort Claims & Immunities - Attachment - Subrogation and Recovery - Articles and Papers - 3 pgs. Claim for Damages to Person or Property
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January 27, 2005
Publication - Subrogation & Recovery
Time Limitations in Bankruptcy Proceedings - Subrogation and Recovery - Articles and Papers - 7 pgs total (includes a hypothetical situation). There are, however, circumstances where a claim may still be pursued against a bankrupt defendant. A number of steps must be taken – quickly – to help you preserve your claim. This paper briefly outlines some of the steps which must be taken to timely present and preserve your claim against the bankrupt tortfeasor or “debtor.”
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January 01, 2005
Publication - Subrogation & Recovery
Ford's Cruise Control Deactivation Switch: A Pressure Cooker Waiting to Explode - Subrogation Publications - It has been described as a ticking time bomb, a deadly defect, a trip down the road to disaster. It is a tiny component part, no bigger than a sparkplug and shaped very similarly. It is Ford's cruise control deactivation switch. And it is burning down homes across the country.
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January 01, 2005
Publication - Subrogation & Recovery
Insured Damage Testimony: The Yellow Brick Road To Better Subrogation Recoveries - Subrogator - A successful subrogation recovery requires proof of liability and damages. One half of the recovery effort relates to proving damages. Failure to adequately prove damages. Failure to adequately prove damages leaves a favorable liabilities verdict but no recoverable damages. Hence, careful preparation of the damage claim is essential to ensure a meaningful subrogation recovery.
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January 01, 2005
Publication - Subrogation & Recovery
Primer on Arizona Subrogation Law - Subrogation publications - Because each state's Act differs in some respect from others, and because each statute contains a complex schedule by which various milestones in the pre-suit process are to be completed, the relevant statute should be consulted before committing to any course of action. The statues seem straight forward, however, it is unclear whether the statues apply to subrogation claims? ...
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January 01, 2005
Publication - Subrogation & Recovery
Insurance Coverage Issues: Subrogation - Subrogation Publications - Insurance Coverage - Subrogation Considerations
I. Trigger Under Colorado Law
A. Construction Defect Context:
1. Public Service Co. of Colorado v. Wallis and Cos., 986 P. 2d 924 (Colo. 1999)
2. American Employer's Ins. Co. v. Pinkard Construction Co., 806 P.2d 954 (Colo. App. 1990).
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January 01, 2005
Publication - Subrogation & Recovery
Ignorance of the Law is No Excuse: A Law Student's Perspective on Developing Legal Information Literacy - Canadian Law Library Review - Like many eager, wide-eyed students before me, I entered law school with the misguided notion that the purpose of a law degree was to learn 'The Law.' Now, looking back with the hindsight sharpened by a $40,000 (plus interest) education, I have come to realize the grave extent of this fallacy. I was not ultimately meant to learn the damages rule in Hadley v. Baxendale, nor wonder at how poor Mrs. Donahue's "neighborhood" became
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December 02, 2004
Publication - Subrogation & Recovery - Insurance
Construction Defect Claims: Legal Considerations in Idaho, Oregon and Washington - Subrogation and Recovery Alert! - 11 pgs total. The following is a summary of the law of Washington, Oregon, and Idaho on three issues that are common to construction defect claims: (1) notice of claim statutes, (2) statutes of repose, and (3) warranties of workmanlike performance.
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November 22, 2004
Publication - Subrogation & Recovery - Insurance
Update on Builder Friendly Construction Acts - Subrogation and Recovery Alert! - 6 pgs total. This article surveys the new builder-friendly construction acts in Georgia, Mississippi, Tennessee and Hawaii, and reports on several recent opinions in construction act cases. The complete survey of all twenty states, including all recent amendments, is entitled “When the Dream House Becomes a Nightmare: A Survey of the Recent Spread of ‘Builder Friendly Construction Acts’ in the U.S.” and is available upon request.
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November 01, 2004
Publication - Subrogation & Recovery
Burning Issues in Fire Subrogation - Claims Magazine - November 2004 - 3 pgs. This article discusses important subrogation issues in handling fire claims. These include preventing evidence spoliation, getting experts, properly documenting the scene, and dealing with mold claims.
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October 22, 2004
Publication - Subrogation & Recovery - Insurance
Hurricanes Charley & Frances: Overview of Code Requirements and Engineering Considerations for Subrogation Opportunities - Subrogation and Recovery Alert! - 4 pgs total. The 2001 Florida Bldg Code addresses design wind speeds by referencing Ch. 6 of ASCE-7. For commercial structures, the question of whether or not the structure could have resisted code winds may be determined by evaluating the main wind force resisting systems that were in place prior to the storm. For residential structures, the question of determining if the structure was adequate for code specified winds may be a more complex issue.
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September 15, 2004
Publication
Menachem J. Kastner writes that, notwithstanding the Court of Appeals' Pullman holding, a Manhattan judge recently determined that the business-judgment rule did not apply to a board's decision and held that respondent's conduct was subject to judicial review.
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September 09, 2004
Publication - Subrogation & Recovery - Insurance
Hurricane Frances: A Subrogation Guideline - Subrogation and Recovery Alert! - 5 pg, bullet outline. Topics: INITIAL CHECKLIST FOR STRUCTURAL DAMAGE; LEGAL OBSTACLES; KEY ITEMS TO OBTAIN/RETAIN; PARTICULAR DESIGN, INSTALLATION, AND MATERIALS ISSUES TO
CONSIDER.
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