Recent News & Publications
Search News & Publications
January 01, 2002
Publication - Subrogation & Recovery
From The Defense: Why Your Subrogation Claims Are Paid Or Denied - Proof of Damage - This panel presentation will include questions and answers, and a discussion among representatives of major manufacturers, claim representatives for major property insurers, and independent subrogation counsel. The focus of the discussion will be a manufacturer’s consideration and disposition of property damage product liability claims. This paper will facilitate the discussion by identifying the key
Tweet
November 29, 2001
Publication - Subrogation & Recovery
Recent Developments in Limitation of Liability - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 9 pgs total. This paper comments on a unique concept of the law that may have unusual and unforeseen results in the area of marine subrogation claims. When vessels on navigable waters collide, strand, or strike shoreside structures, the law that governs ...is Maritime Law. If the damage suffered by one of the vessels is great enough, it is possible for the vessel owner...to limit its liability to any property or cargo owner to zero.
Tweet
October 19, 2001
Publication - Subrogation & Recovery - Insurance
Recovery Opportunities in Computer Virus, Hacking and Other Ecommerce Claims - Subrogation and Recovery Alert! - 5 pgs total. Companies have developed products specifically aimed at providing coverage for WebPerils. The products are expressly designed to protect insureds against losses intrinsic to a web presence. The next consideration by claims management will be whether claim payments can be recovered from responsible third parties. The purpose of this paper is to address recovery opportunities for losses resulting from WebPerils.
Tweet
January 01, 2001
Publication - Subrogation & Recovery
New Amendments to Expert Rules Take Effect - Subrogation Publications - According to the Advisory Committee Notes, the rule was amended in response to Daubert and Kumho Tire. The purpose of the amendment affirms “the trial court’s role as gatekeeper and provides some general standards that the trial court must use to assess the reliability and helpfulness of proffered expert testimony.”
Tweet
January 01, 2001
Publication - Subrogation & Recovery
Electronic Settlement Agreements: Are They Enforceable In Texas? - Subrogation Publications - The use of electronic messaging technologies such as e-mail and instant messaging are transforming legal practice in Texas and throughout the country. Recent surveys have indicated that more than two-thirds of attorneys regularly use e-mail to communicate with their clients and other lawyers. Instant messaging technology, an adjunct to e-mail is now being used by pockets of law firms. It is predicted that within five
Tweet
January 01, 2001
Publication - Subrogation & Recovery
Regional Subrogation Practice Update: Mid-Atlantic Region - Regional Updates in Subro Law and Litigation - I. SPOLIATION OF EVIDENCE
Spoliation is the destruction or alteration of material evidence. Spoliation arises in products liability cases when evidence is lost, altered, or destroyed during investigation or testing. Spoliation also may be an issue in fire cases when important fireground artifacts have been intentionally destroyed or negligently not preserved.
Tweet
January 01, 2001
Publication - Subrogation & Recovery
The Daubert Challenge for Experts in Subrogation Cases: Is the Sky Really Falling? - Subrogation Publication - I. INTRODUCTION
The U.S. Supreme Court’s decision in Daubert v. Merrill Dow, Inc., 113 S.Ct. 2786 (1993) has created yet another hurdle for subrogation professionals. Daubert and the more recent Kuhmo Tire Company v. Carmichael, 119 S.Ct. 1167 (1999) decision increasingly are being utilized by the defense bar and liability specialists. Numerous journals, articles, seminars and even week-long
Tweet
January 01, 2001
Publication - Subrogation & Recovery
Cozen O'Connor Technical Handbook: Advanced Theories of Subrogation and Recovery - Theories of Subrogation - It is fundamental that three elements are necessary to support combustion: heat; oxygen; and fuel. Indeed, the fire triangle’s dependence on all three of its sides is recognized and utilized in firefighting efforts, which typically target one or more of these elements in an effort to control, contain and extinguish fires. In recent years, it has been recognized that open
Tweet
January 01, 2001
Publication - Subrogation & Recovery
Regional Subrogation Practice Update Law and Procedure: Connecticut and New York - Subrogation Publications - I. SPOLIATION OF EVIDENCE
Spoliation is defined as the destruction of material evidence. Spoliation arises when evidence is lost, altered, or destroyed during testing. In fire loss cases, spoliation may be alleged when a party to a lawsuit fails to preserve or intentionally destroys fire artifacts. Sanctions for destruction of evidence vary, but typically may include: an adverse
Tweet
January 01, 2001
Publication - Subrogation & Recovery
Regional Update on Subrogation Practice Law and Procedure in the Southeastern U.S. - Cozen O'Connor Whitepaper - Cozen O'Connor was founded on the belief that we can obtain significant recoveries for our clients by aggressively pursuing subrogation claims. It is this philosophy that has made us a leader in the subrogation field. Changing areas of law can dramatically affect the chances for success in a subrogation case. The topics in this article - sanctions for spoliation; waivers of subrogation and exculpatory clauses; the Economic Loss Rule;
Tweet
December 01, 2000
Publication - Subrogation & Recovery
Tort Law Update - Regional Updates in Subrogation Law and Litigation - The Supreme Court recently addressed the issue of causation as a necessary component of a failure to warn claim under Washington’s Product Liability Act, RCW 7.72 et seq. The case of Soproni v. Polygon Apartment Partners, 137 Wn.2d 319, 971 P.2d 500 (1999), involved claims against the manufacturer of a window system. Twenty-month-old Daniel Soproni apparently had a habit of opening and closing his parents’ second floor
Tweet
May 15, 2000
Publication - Subrogation & Recovery
Overview of Marine, Interstate and Intermodal Claims, Information and Documents Needed for Recovery and Examples of Transit Documents - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 21 pgs total. Topics: OVERVIEW OF LAW GOVERNING OCEAN MARINE CLAIMS; LAW GOVERNING INTERSTATE CLAIMS; LOSSES ARISING UNDER INTERMODAL BILLS OF LADING; INFORMATION AND DOCUMENTS NEEDED FOR RECOVERY; Examples Of Transit Documents
Tweet
January 13, 2000
Publication - Subrogation & Recovery
Recent Trends in Product Liability Losses - Subrogation and Recovery - Articles and Papers - 13 pgs total. This article provides information about a few products that have repeatedly been the subject of product liability investigations... The basics of product liability law are also briefly summarized, including a list of defenses to a product liability case, which may be used by the manufacturer of a recalled product. This article provides practical guidelines for how insurers...can help ensure that a subrogation suit involving a product liability claim can be maintained.
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Regional Update On The Ecomic Loss Doctrine - Subrogation Publications - This seminar, Regional Update on the Economic Loss Doctrine, and written materials address the economic loss doctrine as its stands today in several jurisdictions. These written materials provide you with a general overview of the economic loss doctrine, specifically address recent trends in the Midwest, and provide a status update on the economic loss doctrine in
Tweet
January 01, 2000
Publication - Subrogation & Recovery - Insurance
Construction Defect Recover Issues - Subrogation Publications - As soon as it is determined that there is coverage for your insured’s property, the next inquiry is whether subrogation is possible for the loss. This paper will address the claims where it becomes clear there was some improper construction or construction defect that caused the loss.
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Insurance Coverage For The Year 2000: Computer Problem - Subrogation Publications - When computers first came into being in the early 1960’s, computer memory was a relatively expensive commodity. As a result, most computer languages and the software applications that employed those languages used a 6-digit format for inputting dates. This is frequently abbreviated as MM/DD/YY; two digits and only two digits were used to input the month (M), the day (D), and the year (Y). The software
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Handling a Complex Marine Subrogation Matter: The Brightfield Allison - Subrogation Publications - Good morning, as noted, my name is Ray Letulle and I am a member of the firm that is your host today. I spent my undergraduate years at the United State Merchant Marine Academy which is located in Long Island at Kings Point, New York. One year of my education included sailing as a cadet on various merchant vessels which sailed to Europe, South America, South Africa and the Mediterranean. After graduation, I sailed as a
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Proration Agreements - Analysis And Recommendations - Subrogation Publications - The issue of proration of the proceeds of subrogation arises because the standard fire insurance policy typically contains no language that explains how the recovery from a responsible third party is to be shared.
When an insured has a substantial deductible, suffers a coinsurance penalty, is underinsured or lacks insurance for damages recoverable against a tortfeasor, an issue of how proceeds are to be
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Advanced Theories of Subrogation - Theories of Subrogation - In recent years, the insurance industry has faced catastrophic property losses all across this Country. Beyond the ordinary commercial and residential fires, the insurance industry has been confronted with hurricanes, earthquakes, massive floods, unprecedented ice storms and widespread fires. In each of these incidences, the cause of the property losses may, at first blush, be attributed to an Act of God or an
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Loss Site Investigations - An Overview - Subrogation Publications - I. Introduction
A. Overview of Presentation
B. Special Focus:
1. Elimination of other reasonable potential causes for a loss.
2. Spoliation of evidence and evidence retention.
Tweet