Discussion of a Complex Marine Subrogation Claim, Including Selection and Use of Experts [Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine]

Publication - Subrogation & Recovery

Discussion of a Complex Marine Subrogation Claim, Including Selection and Use of Experts - Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine - 11 pgs total. THE LITIGATION and USE AND SELECTION OF EXPERTS as applied to Bright Field allision. As a result of this “allision,” as this is termed in maritime circles, Cozen O’Connor was requested to represent a number of property underwriters involved with numerous insureds. At first glance, especially by someone not familiar with maritime law, it would appear as if this would be a simple case to recover damages. However, there was little that was simple in regard to this litigation.

Current Issues in Product Liability Cases [Subrogation & Recovery Theories of Liability]

Publication - Subrogation & Recovery

Current Issues in Product Liability Cases - Subrogation & Recovery Theories of Liability - Today's Courts have fashioned a full body of procedural, evidentiary and substantive law to deal with products liability cases. The American Law Institute is fast approaching the completion of a new and comprehensive Restatement limited solely to Products Liability. The new Restatement will supposedly provide more guidance in this area of the law than the current 402A. Until that Restatement is completed and adopted

Determination of Fire Origin in Appliance Fires [Subrogation and Recovery Theories of Liability]

Publication - Subrogation & Recovery

Determination of Fire Origin in Appliance Fires - Subrogation and Recovery Theories of Liability - A significant number of residential fires in this country are ignited by normal household appliances. Excluding operator error, ( leaving food on a hot burner, using gasoline in a kerosene heater, etc) there are two basic ways that these fires get started. The first is when a heat producing appliance, such as a toaster or dryer, produces temperatures capable of igniting combustible materials that are likely to be near

Legal Update on Relevant Subrogation Issues [Subrogation Publication]

Publication - Subrogation & Recovery

Legal Update on Relevant Subrogation Issues - Subrogation Publication - As we continue in our efforts to aggressively pursue subrogation recoveries on your behalf, we are confronted with a multitude of legal impediments. Over the last several years, we have seen an increasing number of court decisions addressing significant issues such as spoliation, economic loss, exculpatory clauses and waivers of subrogation. Whereas these issues received less attention by the courts in the past, courts today

Spoliation of Evidence [Subrogation Publications]

Publication - Subrogation & Recovery

Spoliation of Evidence - Subrogation Publications - I. DEFINITION AND COMMON LAW ORIGINS
A. Spoliation Defined
Spoliation is the destruction, loss, or material alteration of evidence or potential evidence by an act or omission of a party in pending or future litigation. County of Solano v. Delancy, 264 Cal.Rptr. 721 (Ct. App. 1989); Miller v. Montgomery County, 494 A.2d 761, 767 (Md. Ct. Spec. App. 1985). Evidence includes physical

“Former Landowner May be Liable for Defects Left on Property” [Verdicts, Settlements, and Tactics, Volume 10, No. 12]

Publication - Subrogation & Recovery - Insurance

“Former Landowner May be Liable for Defects Left on Property” - Verdicts, Settlements, and Tactics, Volume 10, No. 12 -

Condominiums, Cooperative and Conversions [LIP]

Publication

Condominiums, Condominiums Cooperatives and Conversions [LIP]

Publication

Equitable Distribution and Matrimonial Tax [LIP]

Publication

Residential Real Estate [LIP]

Publication