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June 01, 2006
Publication
A Dissenting View On Arbitration - Corporate Counsel - Many lawyers say corporations fare better in
arbitration. They say arbitration is faster and
cheaper than litigation. They say arbitration
reduces “runaway verdicts.” Some even whisper (outside the presence of judges, of course) that arbitrators are smarter than judges.
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June 01, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Five Steps to Maximize Subrogation Recoveries - Five Steps to Maximize Subrogation Recoveries
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June 01, 2006
Publication - Insurance
Judge Not, Lest Ye Be Judged - Risk & Insurance - In the past few years, it has become popular sport in certain circles to attack our nation’s sitting judges. Unpopular judicial decisions are denounced as “outrageous,” and individual judges described as “activists running amok.” And, believe it or not, political zealots suggest that violence toward judges is perhaps deserved.
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May 18, 2006
Publication - Subrogation & Recovery - Insurance
Something to Prove: The Impact of the Burden of Proof in Property Damage Claims - Subrogation and Recovery Alert! - 7 pgs total. Subrogation professionals need to be aware of cases where the burden of proving a case may rest with a defendant rather than a plaintiff. A claim for property damage that initially appears weak...may give rise to excellent recovery prospects. In a subrogated claim for property damage it is usually the plaintiff...who has the burden of proving that a defendant is responsible for the loss. There are important exceptions to the general rule that the plaintiff has this burden.
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May 18, 2006
Publication - Subrogation & Recovery
2006 SOUTHEAST SUBROGATION SEMINAR - Southeast Subrogation Seminar - Program Book - 71 pgs. This document contains presentations on intercompany arbitration, Ford car problems, evaluations of losses, cargo claims, and handling worker’s compensation subrogation claims.
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May 15, 2006
Publication - Labor & Employment
Spring 2006 - Labor and Employment Observer! -
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May 05, 2006
Publication - Insurance Coverage - Insurance
Fundamental Insurance Coverage Issues Presented by Clergy Sex-Abuse Claims - Cozen O'Connor Seminar Materials -
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May 04, 2006
Publication - Subrogation & Recovery
2006 MIDWEST SUBROGATION SEMINAR - Midwest Subrogation Seminar - Program Book - 100 pgs. This collection of presentations discusses a number of recovery issues, including recovery against municipalities and government agencies, electronic discovery, liability coverage, and workers’ compensation recovery. It also covers subrogation in Canada and UK.
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April 25, 2006
Publication - Subrogation & Recovery - Insurance
Recovery in Employee Dishonesty Cases - Subrogation and Recovery Alert! - 11 pgs. In an employee dishonesty claim, there are a number of theories from which to pursue recovery and a number of targets that may be responsible. This five-step process is designed to aid recovery in such cases.
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April 21, 2006
Publication - Subrogation & Recovery - Insurance
“You be the Judge” Advantages of Arbitrating Subrogated Claims in Ontario - Subrogation and Recovery Alert! - 8 pgs total, with a focus on Ontario. In order to benefit from arbitration as a method of dispute resolution, insurance companies and their legal counsel must be alert to the advantages offered by Ontario’s arbitration schemes. Topics covered: WHAT IS ARBITRATION?; ARBITRATION IN ONTARIO; WHY ARBITRATE?; AGREEING TO ARBITRATE SUBROGATED CLAIMS; OTHER ARBITRAL ORGANIZATIONS IN ONTARIO.
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April 10, 2006
Publication
It’s A New Type of Jungle Out There: An Overview of Bovine - Cozen O'Connor Whitepaper - In 1906, Upton Sinclair’s novel, The Jungle, exposed the poor sanitation practices of the meatpacking industry and spurred revolutionary statutory protection for American meat consumers and industry workers. Today, exactly a century later, with Americans and others ingesting meat, which might be more properly labeled a biohazard,1 the ultimate conclusion of Sinclair’s novel takes on a new meaning. In short, it’s a new type of jungle out there.
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April 03, 2006
Publication
Michael B. de Leeuw co-authored this article for the New York Law Journal on why it is necessary to clarify ambiguous terms in commercial agreements.
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April 01, 2006
Publication - Insurance Coverage - Insurance
The Flaws of Arbitration - Risk & Insurance - Today’s subject is arbitration and why you should avoid it. Blasphemy you say? Read on to find out why court litigation before a judge sitting without a jury may be preferable. Recently, I found myself before an appellate court trying to vacate an arbitration award. When the appellate panel realized that my arbitration appeal was the only thing separating them from their next meal, they dismissed me with the rubric of the finality of arbitration awards. Justice? Perhaps not.
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March 14, 2006
Publication - Subrogation & Recovery - Insurance
Another Look at Malicious Mischief: Criminal Restitution in the Fifty States - Subrogation and Recovery Alert! - Oftentimes victim is defined broadly enough to include a subrogating carrier. To assist you in determining which states allow restitution in favor of a subrogating carrier and how much restitution may be recovered, see this Fifty State Summary on Criminal Restitution and Recovery by Insurance Companies . This article provides a brief summary of the law, the issues surrounding restitution orders and how best to proceed with your claim for restitution.
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March 01, 2006
Publication
Keeping It ‘All In The Family’ - Risk & Insurance - The West Virginia mine tragedies reminded me of a nasty personal injury case in which I recently served as an outside consultant for a Fortune 1000 company. The company, understandably, wanted a pair of eyes and ears to look after its uninsured interests. Names have been changed and facts simplified to protect those involved). As you will see, what was thought to be clever business planning turned out to be financially painful for the company and its insurer.
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March 01, 2006
Publication - Insurance Coverage
What is a Pollutant in the Context of the Application of the Absolute and Total Pollution Exclusion? - Cozen & O'Connor Whitepaper - The scope of this paper is to address those situations where the court’s analysis of these
exclusions turned on the issue of whether the substance at issue is a “pollutant” or otherwise
qualified as pollution within the operative exclusion. Particular attention will be paid to the heavily litigated areas of carbon monoxide, lead paint, asbestos, biological contaminates,
chemical fumes, and welding rod fumes.
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February 23, 2006
Publication - Business, Health Care & Life Sciences - Health Care & Life Sciences
HIGHLIGHTS OF THE DEFICIT REDUCTION ACT OF 2005 - Health Law E-lert! -
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January 27, 2006
Publication - Subrogation & Recovery - Insurance
A New Lease on Life: Subrogating Against Your Insured's Tenant - Subrogation and Recovery Alert! - 6 pgs total. A considerable hurdle is the Implied-Coinsured Doctrine, a legal fiction created to bar subrogation claims against tenants as a matter of public policy. However, depending on the jurisdiction and the underlying lease agreement, this hurdle may be overcome. A detailed analysis of the law of the relevant jurisdiction and the underlying lease agreement must be performed in order to determine if the insurance carrier of a landlord may recover against the tenant.
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January 16, 2006
Publication - Real Estate Litigation
To Win the Zoning War, Pick Your Battles - Shopping Center World -
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January 16, 2006
Publication - Subrogation & Recovery
Discovery of Communications with the Expert Witness - Subrogation and Recovery - Articles and Papers - 8 pgs total. Topics: The Work Product Doctrine And Federal Rule of Civil Procedure 26; The Work Product Doctrine – Division Among The Federal Courts As To Whether, And To What Degree; The Work Product Privilege Applies To Discovery Material Presented To An Expert Witness Who Will Testify At Trial,; Discovery Of Oral Communications Between The Attorney And Expert Witness; Discovery Of The Expert’s Draft Reports.
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