Y2K: The First Party Property Perspective [Subrogation Publications]

Publication - Subrogation & Recovery

Y2K: The First Party Property Perspective - Subrogation Publications - Much has been written about the potential for insurance claims arising from Y2K-related losses. The following article explores several of the key considerations and issues that will no doubt surface in connection with first party property claims traceable to the Year 2000 problem.
1. Fortuity
For most typical property forms, coverage is

THEORIES OF LIABILITY IN SUBROGATION CASES [Subrogation Publications]

Publication - Subrogation & Recovery

THEORIES OF LIABILITY IN SUBROGATION CASES - Subrogation Publications - I. BACKGROUND
A. THE NEED TO FULLY DEVELOP OPERATIVE FACTS RELEVANT TO CAUSE AND ORIGIN
B. INTRODUCTION TO THE FIVE BASIC THEORIES OF LIABILITY IN SUBROGATION
1. NEGLIGENCE OR TORT
2. CONTRACT OR WARRANTY
3. PRODUCTS LIABILITY OR STRICT LIABILITY (§402a RESTATEMENT OF TORTS 2d)

Enforceability of Foreign Jurisdiction Clauses in Ocean Bills of Lading [Subrogation Publications]

Publication - Subrogation & Recovery

Enforceability of Foreign Jurisdiction Clauses in Ocean Bills of Lading - Subrogation Publications - As is generally known, the law relating to the liability for the carriage of goods is governed by the Carriage of Goods by Sea Act, 46 U.S.C. §1300 et seq. (COGSA), which was enacted in 1936 “to define by law the rights and liabilities of water carriers and shippers in foreign commerce.” COGSA thus prescribes the rights and responsibilities of common carriers and the rights and responsibilities of shippers and

Regional Subrogation Practice Update Midwest Law And Procedure [Subrogation Publications]

Publication - Subrogation & Recovery

Regional Subrogation Practice Update Midwest Law And Procedure - Subrogation Publications - Spoliation is the destruction of or failure to preserve evidence for another’s use in pending or future litigation. See Minn-Chem, Inc. v. Richway Indus., Inc., No. C1-99-1963, 2000 WL 1066529 (Minn. App. Aug. 1, 2000). Spoliation issues may arise in products liability cases when evidence has been lost, altered, or destroyed during testing, and in fire cases when a party to a lawsuit (or third party) fails to preserve or

Selection Excerpts from Volumes Ones and Two of the Cozen O'Connor Fire Suppression Task Force Report [Cozen O'Connor Whitepaper]

Publication - Subrogation & Recovery

Selection Excerpts from Volumes Ones and Two of the Cozen O'Connor Fire Suppression Task Force Report - Cozen O'Connor Whitepaper - Regarding theories of liability arising from the failure to properly detect and/or suppress a fire, this will address issues arising from an insured’s negligence in causing or allowing the fire to occur; the contractual based defenses typically contained in alarm contracts; and the potential liability of a prior land owner, for undisclosed dangerous conditions on the property.

Recovery in Employee Dishonesty Claims [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Recovery in Employee Dishonesty Claims - Subrogation and Recovery - Articles and Papers - 11 pgs. This article examines the issues surrounding just such an employee dishonesty claim. As discussed below there are a number of legal theories from which to pursue recovery and a number of targets that may be responsible to bear some of the loss. The following is a five-step process designed as a guide to assist you in realizing recovery in such cases. Topics: INTERVIEW THE EMPLOYEE; PURSUIT OF CLAIMS AGAINST THIRD PARTIES; SEIZE EMPLOYEE'S AVAILABLE ASSETS; OBTAIN JUDGMENT

Lightning Strickes - Subrogation Considerations [Subrogation Publications]

Publication - Subrogation & Recovery

Lightning Strickes - Subrogation Considerations - Subrogation Publications - I. Characteristics and Effects of Lightning
A. Direct and indirect lightning strikes can and do cause serious physical damage to property. Damage from direct strikes can be caused by heat, explosion and/or fire, and damage from indirect strikes generally results from voltage surges through electric and telephone lines.
B. The number of amperes discharged can range from 1000 to 270,000 in extreme cases,

Use of Computer Demonstrations at Trial [Subrogation Publications]

Publication - Subrogation & Recovery

Use of Computer Demonstrations at Trial - Subrogation Publications - With the onset of the computer age, many of us are just getting used to using word processing systems, computerized calendars and the like. Nonetheless, computers have found their way into the courtroom. Computer generated simulations can serve to better explain the facts of the case to the jury. Moreover, a computer generated simulation can keep the jury interested in your case and lend credence to your case by

Suing Your Own Insured [Subrogation Publications]

Publication - Subrogation & Recovery

Suing Your Own Insured - Subrogation Publications - 1. Issue
A defense often raised by many tortfeasors in an attempt to defeat a subrogee's claim has been the doctrine forbidding subrogation against one's own insured. This time-honored maxim provides:
No rights of subrogation can arise in favor of the insurer against its own insured, since by definition subrogation arises only with respect to the rights of the insured against third

Selection and Use of Experts [Subrogation Publications]

Publication - Subrogation & Recovery

Selection and Use of Experts - Subrogation Publications - I. The General Criteria For The Retention Of A Particular Expert — The Qualities Of A Good Expert
A. Identification of Goals and Tasks
1. Gather, organize, locate and preserve evidence.
B. A Reputation For Veracity
1. An Expert’s reputation and integrity are paramount factors in posturing cases for

Preservation of Subrogation Opprotunities in Catastrophic/Mass Disaster Losses [Subrogation Publications]

Publication - Subrogation & Recovery

Preservation of Subrogation Opprotunities in Catastrophic/Mass Disaster Losses - Subrogation Publications - The catastrophic/mass disaster loss presents a situation where an insurance company's normal claims adjustment procedures may be modified or not closely followed. The need to adjust a large number of losses in a short period of time, often amid an atmos¬phere of devastation and chaos, can result in claims adjustment which impairs future subrogation recovery efforts. The first party adjuster's role in such catastrophic losses is

Regional Subrogation Practice Update, Law and Procedure: New Jersey, New York, and Connecticut [Subrogation Publications]

Publication - Subrogation & Recovery

Regional Subrogation Practice Update, Law and Procedure: New Jersey, New York, and Connecticut - Subrogation Publications - This paper outlines recent developments under New Jersey, New York and Connecticut law concerning four particularly important topics in insurance subrogation law. The viability of subrogation actions may depend upon interpretation of underlying agreements, such as construction contracts and lease agreements, which may contain exculpatory or indemnification provisions and waivers of subrogation. Therefore, recent New

Issues Arising from Alleged Spoliation of Evidence [Subrogation Publication]

Publication - Subrogation & Recovery

Issues Arising from Alleged Spoliation of Evidence - Subrogation Publication - Spoliation of Evidence -- the destruction or material modification of evidence by in act or omission of a party. Spoliation can lead to adverse evidentiary inferences, adverse jury instructions, evidence preclusion or dismissal/default.
Policy factors: "The plaintiffs are not free to destroy crucial evidence simply because a court order was not issued to preserve the evidence."

Expert Selection [Subrogation Publications]

Publication - Subrogation & Recovery

Expert Selection - Subrogation Publications - The General Criteria For The Retention Of A Particular Expert --
The Qualities Of A Good Expert
A. Identification of Goals and Tasks
1. Gather, organize, locate and preserve evidence.

Pipe Freeze Ups: Subrogation Considerations [Subrogation Publications]

Publication - Subrogation & Recovery

Pipe Freeze Ups: Subrogation Considerations - Subrogation Publications - 1. Consider retention of legal counsel to supervise subrogation investigation; to permit adjuster to be involved in the immediate adjustment problems. Even with the liberalization of discovery rules, protection is still granted to work product of counsel.
2. Consider immediate engagement of expert (may require hands on trade person, such as a plumber, mechanical engineer, metallurgist, etc.).

Y2K - A New Millennium of Subrogation and Recovery Claims [Subrogation Publications]

Publication - Subrogation & Recovery

Y2K - A New Millennium of Subrogation and Recovery Claims - Subrogation Publications - The legal issue here involves insurance coverage for what is variously known as the “Year 2000,” “Y2K,” or “Millennium” bug or virus problem. This is a potential time bomb that may shut down many of the world’s computers or cause them to act erratically on or before January 1, 2000. As a starting point, therefore, it is important to understand exactly what the Y2K virus is and how it can be fixed.

Avoiding the Statute of Repose [Subrogation and Recovery Articles and Papers]

Publication - Subrogation & Recovery

Avoiding the Statute of Repose - Subrogation and Recovery Articles and Papers - 15 pgs total, '99. These statutes prevent persons from bringing actions for injuries caused by improvements to real property after a certain period of time has passed from the date of construction of the improvement. In conjunction with the tort reform movement, a number of states have adopted statues of repose. This paper focuses on cases where a statute of repose may apply for the purpose of determining whether a statute of repose can be avoided in a particular case or jurisdiction.

Basis And Advanced Theories of Recovery In Property Damage Subrogation Claims [Theories of Subrogation]

Publication - Subrogation & Recovery

Basis And Advanced Theories of Recovery In Property Damage Subrogation Claims - Theories of Subrogation - Elements of Proof
Duty
Breach of Duty
Causation
Damages

Stephen A. Cozen Receives Distinguished Citizen Award from Boy Scouts of America's Cradle of Liberty Council

Press Release

Stephen A. Cozen Receives Distinguished Citizen Award from Boy Scouts of America's Cradle of Liberty Council

Stephen A. Cozen Receives Distinguished Citizen Award from Boy Scouts of America's Cradle of Liberty Council

Press Release