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January 25, 2007
Publication - Electronic Discovery & Practice Advisory Services
2007 E-Discovery Seminar - Philadelphia (Rittenhouse Hotel) - E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared to Comply with the New Rules - Accompanying seminar program book from the E-Discovery Seminar of 1/25/2007 at the Rittenhouse Hotel in Philadelphia presented to The Insurance Society of Philadelphia CLE Seminar.
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January 14, 2007
Publication
Commercial Disputes Observer - Commercial Disputes Observer - Winter 2007 -
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January 13, 2007
Publication - Insurance Coverage
Colorado Supreme Court Restricts Browder and Reverses Judgment in Favor of Insured - Insurance Coverage Alert - 01/12/07 - On January 8, 2007, the Colorado Supreme Court reversed a division of the Court of Appeals
and held that third-party purchasers need not own their homes during an applicable policy period in order to
recover.
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January 01, 2007
Publication - Subrogation & Recovery - Insurance
A Compelling Situation: Enforcing American Letters Rogatory in Ontario - The Canadian Bar Review - 28 pgs total; article from LA REVUE DU BARREAU CANADIEN. A letter rogatory, or
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December 08, 2006
Publication
The Second Circuit Clarifies the Standard Governing Motions for Class Certification - Securities and Financial Services Litigation Alert! - On December 5, 2006, the United States Court of Appeals for the Second Circuit issued a landmark decision with wide-ranging effects in private securities litigation. Until now, the legal standard governing motions for class certification under Federal Rule of Civil Procedure 23 was an unsettled issue in the Second Circuit, where many securities class actions are brought.
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December 04, 2006
Publication - Subrogation & Recovery - Insurance
Getting to Higher Ground - Using Hydrologists to Assist in Flood Claims and Subrogation Analysis - Subrogation and Recovery Alert! - 5 pgs total, includes photos. The legal duty is upon an upstream property (“upper riparian”) owner to be sure that, before any changes in his property are made that affect water flow and drainage, potential risks of harm to downstream (“lower riparian”) property owners are considered and necessary steps taken to prevent such harm. Flood claims present unique challenges that require the assistance of knowledgeable subrogation counsel and hydrologists with hands-on experience.
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December 04, 2006
Publication
There are few things more vexing to litigators than adverse parties who—despite the issuance of a court order—simply refuse to comply with their obligations under the law. Whether it is a discovery order mandating disclosure of certain documents or an injunction prohibiting the adverse party from engaging in specified conduct, we have all experienced the frustration of attempting to enforce court orders against recalcitrant or obstreperous adverse parties who flout such orders even under the threat of a possible contempt motion.
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December 01, 2006
Publication - Insurance Coverage, Subrogation & Recovery
Something To Prove: The Impact of the Burden of Proof in Property Damage Claims - WP - Establishing whether the plaintiff or defendant has the burden of proof in a civil action can mean the difference between winning and losing a case. In a subrogated claim for property damage, it is usually the plaintiff, the insurance company suing in its insured's name, who has the burden of proving that a defendant is responsible for the loss.
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November 30, 2006
Publication - Subrogation & Recovery
A Letter From America - POST - STRATEGIC FOCUS - 1 pg. “Despite being virtually a risk-free procedure, few UK insurers look to pursue recovery of money for claims on which their clients are not responsible. …[A]lthough this practice is believed to originate from the U.S., the precedent was set by an 18th century London insurance firm.”
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November 27, 2006
Publication - Insurance Coverage
Put it in Writing: No Additional Insured Coverage Without a Written Contract on the Date of the Loss - Insurance Coverage Alert - November 27, 2006 - On October 31, 2006, the New York First Department Appellate Division issued an opinion in National
Abatement Corp. et al v. National Union Fire Insurance Company of Pittsburgh Pa., 2006 Slip Op. 07828
(October 31, 2006), affirming a trial court decision holding that a contractor is not entitled to additional insured
coverage under a subcontractor’s CGL policy when
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November 14, 2006
Publication - Electronic Discovery & Practice Advisory Services
2006 E-Discovery Seminar - New York (Marriott Financial Center) - E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared? - Accompanying seminar program book from the E-Discovery Seminar of 1/25/2007 at the New York Marriott Financial Center, Manhattan.
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November 06, 2006
Publication - Business, Corporate
Fall 2006 - Business Law Observer -
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November 06, 2006
Publication - Subrogation & Recovery - Insurance
The General Product Safety Directive - An Opportunity for Insurers - Subrogation and Recovery Alert! - 2 pgs total, International. Document’s focus is the: European Union Council Directive 92/59/EEC on general product safety; specifically the UK. [The regulations] place a general duty on all suppliers of consumer goods to supply products that are safe in normal or reasonably foreseeable use. Under the Regulations, the enforcement authorities are given new powers to enter premises, test products and seize records and products.
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November 04, 2006
Publication - Insurance Coverage - Insurance
Ensuing Loss Provision in Homeowners Policy Does Not Provide Coverage for Mold Contamination in Texas - Insurance Coverage Alert! -
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November 01, 2006
Publication - Subrogation & Recovery - Insurance
Don't Let Your Subrogation Claim Be Stolen - Subrogation and Recovery Alert! - 2 pgs total. As the price of copper has skyrocketed, thefts of copper piping and wiring, not only from public utilities and vacant buildings, but from unprotected loss scenes as well occurs. Not only can the theft of copper wiring and piping increase the nature and size of your loss, but can also have far reaching and detrimental consequences to your subrogation claim. These thefts serve as a reminder of the necessity to protect a loss scene from alteration and removal of evidence.
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October 23, 2006
Publication - Subrogation & Recovery
2006 Rocky Mountain Subrogation Seminar - Rocky Mountain Subrogation Seminar - Program Book - 57 pgs. Taken from a subrogation seminar, these presentations discuss mediation basics, fire investigations, the importance of proper case handling, an update on Colorado law, and the allocation of responsibilities between general contractors and subcontractors.
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October 20, 2006
Publication - Insurance Coverage, Products Liability
Fall 2006 - Commercial Disputes Observer -
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October 17, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery Observer Summer/Fall 2006 - Subrogation and Recovery Observer - 18 pgs. The Observer is a Cozen and O’Connor newsletter discussing recent case victories and settlements as of Summer/Fall 2006. It also profiles new lawyers and lists product recalls.
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October 15, 2006
Publication
Federal Prosecutors Now Rebuked - Risk & Insurance - While corporate scandals are still making headlines, the government’s treatment of companies and their employees is also getting much deserved attention. In fact, there have been several well-justified challenges to U.S. policy, which has too long condoned federal prosecutors taking a pro-indictment stance against their corporate targets if they provide legal fees for their indicted employees.
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October 11, 2006
Publication - Government & Regulatory
Non-traditional Theories of Recovery for Losses Arising Out of Maritime Casualties - Maritime Recovery Update - 10/11/2006 - 3 pgs total. When significant cargo losses result from sinking, fire or some other casualty, the usual targets against which subrogation efforts are focused are the vessel, its owner and possibly the vessel’s charterer. Unfortunately, this narrow approach can leave marine insurers with a bleak recovery prospect. One theory of recovery has entailed prosecution of a cargo shipper. Another category of defendants which has been targeted by hull and cargo insurers is the classification society.
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