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January 13, 2006
Publication - Insurance Coverage, Subrogation & Recovery
Multi-State Midwest Survey on Spoliation - Subrogation and Recovery - Articles and Papers Regional Updates in Subrogation Law & Litigation: - 11 pgs total. This paper is broken down into two sections. The first section is an overview that summarizes the elements necessary for the spoliation of evidence in each state. The second section provides a detailed analysis of “spoliation law” in each state, the future of the law, and the application of current law to specific fact patterns.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery Theories of Liability - Proving Gross Negligence to Overcome Limitations of Liability - Subrogation and Recovery - Articles and Papers - 3 pgs total. The subrogation professional may be able to plead and prove gross negligence to overcome contractual limitations of liability. Care must be taken, however, to ensure that the evidence presented does not eclipse the liability policy providing indemnification to the target defendant. Topics: Common Limitation of Liability Clauses; Gross Negligence Exception; Defining Gross Negligence; Proof Issues; Coverage Issues
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - Losses Involving Polybutylene Pipes -
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January 13, 2006
Publication - Subrogation & Recovery
Chartered Vessels: Identifying Culpable Parties - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 8 pgs total. In most instances, the bill of lading which represents title to the goods is negotiated, leaving the ultimate cargo owner with little or no idea as to who it should look to in the event the shipment is lost or damaged. Even after the owner, charterer and sub-charterers have been identified, the question becomes who, among the several contractors involved, is responsible for loss and damage to the cargo? Topics: In Rem Liability Of The Vessel; NVOCC Liability
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Spoilation of Evidence -
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - The Fire Spread Case: Recognition and Investigation of Subrogation Potential - The typical fire subrogation case is one which focuses upon framework in the usual cause and origin investigation are the first few seconds or minutes when a fire starts. the instrumentality, product, or specific negligent act or omission responsible for the start of the fire then becomes the target...
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January 13, 2006
Publication - Subrogation & Recovery
Federal Tort Claims Act - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 12 pgs total. Through the FTCA, the government has waived its sovereign immunity for a number of torts and established the procedure for presenting a claim against the government and its employees. Topics: JURISDICTIONAL PRECONDITIONS TO SUIT; SUBSTANTIVE PRECONDITIONS TO SUIT; LIMITATIONS; EXCEPTIONS TO THE FTCA; PRACTICE AND PROCEDURE; DAMAGE ISSUES; AFTER THE JUDGMENT
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine - Spoilation of Evidence in Ocean and Inland Marine Claims - Spoliation of evidence has been defined as the destruction or material modification of evidence by an act or omission of a party. When spoliation of evidence has occurred, it can lead to the imposition of various judicial sanctions, including, as an extreme, the outright dismissal of a party’s claim, or
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Homeowners' Subrogation Claims: A Practicum on How to Maximize Your Recoveries - Subrogation claims for personal lines losses generally fall into one of the following categories: electrical, mechanical, careless smoking, negligent or reckless misconduct by household residents or guests, building systems
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January 13, 2006
Publication - Subrogation & Recovery
Joint Pursuit of Recovery with an Insured: Issues for the Subrogating Carrier to Consider - Subrogation and Recovery - Articles and Papers - 12 pgs total. The subrogation claim of an insurance carrier does not always include all the damages incurred by an insured which are potentially recoverable from responsible parties as a result of the loss. The insured may possess a claim in addition to the subrogation claim if the policy included a deductible or if the insured incurred damages outside the scope of coverage provided by the policy.
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January 13, 2006
Publication - Subrogation & Recovery
Arc Fault Circuit Interrupters. The Next Generation of Fire Prevention – The Next Generation of Recovery Opportunities - Subrogation and Recovery Theories of Liability - 10 pgs total, includes chart. Manufacturers of electrical equipment have developed a new product that they claim is at the forefront of circuit protection technology. This new product is called the Arc Fault Circuit Interrupter (AFCI). AFCIs provide protection against arcing in fixed wiring, appliance cords and extension cords. This paper explores arcing, AFCI technology and recovery opportunities that may arise from this new technology.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - Subrogation In The Eye of The Hurricane: How To Recover From Natural Disasters - Every person with a heartbeat empathizes with the suffering experienced by residents throughout the eastern seaboard, most especially Florida, as a result of a virtually unprecedented series of hard-hitting hurricanes. Weather forecasters predict this will be the continuing pattern for the next decade. The details of Hurricanes Charley, Frances, Ivan, and other tropical storms have begun to blur in our collective memory,
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine - Effect Of I.C.C. Termination Act On -
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Avoiding Six Phantom Roadblocks to Subrogation Claims - As we begin the new century, claims handlers, recovery specialists and subrogation counsel can expect new and varied challenges to subrogation claims. For the past several years, the courts have viewed subrogation claims with some disdain; and have issued peculiar and in some instances legally insupportable opinions that limit a...
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January 13, 2006
Publication - Subrogation & Recovery
New York Subrogation Practice: A Blueprint for Expediting Recoveries - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 8 pgs total. This paper will focus on the practical steps that can be taken to limit the delays inherent in litigating subrogation cases in New York in order to move as quickly as possible to the endgame of recovery. Also includes tables: table 1 illuminates the distinctions between practice in state and federal court. table 2 lists various strategies that may be employed during the respective stages of a case.
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January 13, 2006
Publication - Subrogation & Recovery
Measure & Proof of Loss to Building & Structures under Standard Fire Ins. Policies – The Alternatives & Practical Approaches - Subrogation and Recovery - Articles and Papers - 26 pgs total . A working knowledge of the language of the standard fire insurance policy is an essential pre-requisite to the preparation of advice to insured or insurer regarding the presentation of claim under such policy, regardless of the nature of the loss. ...it is preferable that the practitioner be knowledgeable concerning the different definitions of actual cash value which are extant throughout the Country.
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January 13, 2006
Publication - Subrogation & Recovery
Implications of Kumho Tire on Qualifying Cause and Origin Experts - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - - 14 pgs total. A careful reading of the opinion reveals that the Supreme Court not only enhanced the
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January 13, 2006
Publication - Subrogation & Recovery
Midwest Application of the Economic Loss Doctrine - Subrogation and Recovery - Articles and Papers Regional Updates in Subrogation Law & Litigation: - 20 pgs total. Indeed, each of the seven states comprising the Midwest region have adopted the economic loss doctrine in one form or another. There is tremendous variation in each jurisdiction’s application of the rule. The following summary will review the general considerations that shape the economic loss doctrine in addition to comparing the similarities and differences between these jurisdictions’ approach to what may be more appropriately referred to as the “economic loss doctrines.”
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - The Case for Subrogated Insurers to Participate in Class Action Litigation - A local fire department is called to control the spread of a relatively small 17 acre rural forest fire. Before the fire is controlled, it spreads onto State-owned lands and State forest fire fighters are called to the scene of the fire to assume control of its extinguishment. The command...
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Surge Protectors - A surge protector protects electronic devices from power surges. A power surge, sometimes called transient voltage, occurs when voltage increases above the standard normally associated with electricity in a specified area. The standard voltage in the United States is 120 volts...
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