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January 13, 2006
Publication - Subrogation & Recovery
Limitations of Time for Commencement of Actions in Canada - Jurisdictions Comparative Chart - 9 pgs total, revised 2006. The following Comparative Chart outlines the Statutes of Limitation that apply in the Canadian Provinces to tort and contract claims as well as claims against various governmental entities. Table properties: Statutes of Limitations: Torts, Contract, Governmental (Special Provisions) and Ultimate Limitation Periods: Tort or Contract, Engineer or Architect.
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January 13, 2006
Publication - Subrogation & Recovery
Emerging Defense Trends in Subrogation Cases - Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers - 13 pgs total. Topics & an ensuing discussion for each: SPOLIATION OF EVIDENCE; CONTRACTUAL WAIVERS; THE ECONOMIC LOSS DOCTRINE; THE EMPTY CHAIR DEFENSE – DOES IT APPLY TO A COMPONENT PART MANUFACTURER?; ATTACKING AN EXPERT'S QUALIFICATIONS THROUGH SCHOOL TRANSCRIPTS AND THE USE OF DAUBERT
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January 13, 2006
Publication - Subrogation & Recovery
Preparing the Product Case for Litigation in Washington - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 24 pgs total. This paper briefly summarizes Washington’s Product Liability Act and the various claims it encompasses, and discusses a number of brief steps that a claims adjuster and/or subrogation specialist can take early in the adjustment process to maximize the overall efficiency and accuracy of the investigation, while minimizing potential defense arguments. As a significant portion of product subrogation cases stem from fire losses, our focus here will be on fire claims.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Preparing for a Deposition - No aspect of modern civil litigation is more important to the outcome of a case than oral depositions. Because the vast majority of civil actions are settled at some point in advance of a trial...
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January 13, 2006
Publication - Subrogation & Recovery
Construction Defect Claim Procedures - Subrogation and Recovery - Articles and Papers - 10 pgs total. Residential Construction Liability Act (“RCLA”), All of the statutes share a common theme: the claimants must give written notice of the claimed defects and provide a fair opportunity to the builder to remedy the defects. Topics: a brief analysis of the statutes that exist in Arizona, California, and Nevada.
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January 13, 2006
Publication - Subrogation & Recovery
Practice Tips for Subrogation Counsel in the New Jersey State Courts - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 9 pgs total. This presentation will review four peculiarities of New Jersey practice that subrogation practitioners should understand and employ to maximize recovery from cases litigated in the state courts. These four areas are (1) affidavits of merit; (2) the entire controversy doctrine; (3) the creation of business court; (4) mediation.
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January 13, 2006
Publication - Subrogation & Recovery
New Mexico Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 4 pgs total. The sovereign immunity enjoyed by the State of New Mexico and its governmental subdivisions was abolished by the N.M. Supreme Court in 1975. The legislature responded by enacting the Tort Claims Act... While the Tort Claims Act re-established sovereign immunity, it also created specific waivers of immunity which permit suit against the government. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES; LIMITATION OF LIABILITY
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: Utah Tort Claims & Immunities -
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January 13, 2006
Publication - Subrogation & Recovery
Arizona Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation - 6 pgs total. Public entities and public employees are protected from certain liabilities in Arizona by statutory immunities that do not provide protection to other defendants. Topics: PROCEDURAL NOTICE REQUIREMENTS AND STATUTE OF LIMITATIONS; STATUTORY IMMUNITIES
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January 13, 2006
Publication - Subrogation & Recovery
Inverse Condemnation - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 5 pgs total. The policy underlying the concept of inverse condemnation is that the costs of a public improvement benefiting the community should be spread among those receiving the benefit, as opposed to being allocated to a single person within a community. When available, inverse condemnation should always be alleged in a complaint against a government entity or public utility.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Work Like and Insurance Company to Save Money - The American Institute of Certified Public Accountants -
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January 13, 2006
Publication
The Forensic Investigation - The Obtaining & Maintenance of Evidence & the Selection & Use of Experts - Forensic Consultants & Loss Site Investigations - Subrogation and Recovery - Articles and Papers - 9 pgs total; in outline form. We will discuss here matters that we have found essential in the investigation of claims based principally upon claim handling and litigation in the United States. Whilst our focus is upon subrogation and recovery, the principles discussed certainly have far broader applicability.
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January 13, 2006
Publication - Subrogation & Recovery
Cargo Claims - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 11 pgs total. Topics: Legal liability of motor carriers; What is the liability of a bailee or warehouseman?; Exception to common carrier liability of act or omission of shipper (improper packing or loading); Claims Settlement Practices.
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January 13, 2006
Publication - Subrogation & Recovery
Interviewing Employees and Former Employees of a Defendant or Prospective Defendant - Forensic Consultants & Loss Site Investigations - Subrogation and Recovery - Articles and Papers - 9 pgs total. An adjuster is free to interview any witness without limitation. An investigator may be limited in interviewing witnesses. If an investigator is a “nonlawyer assistant”, then the investigator is governed by the same ethical guidelines as an attorney.
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January 13, 2006
Publication - Subrogation & Recovery
Maximizing Recovery of Damages in Subrogation/Recovery Claims - Subrogation and Recovery - Articles and Papers - 7 pg total. Insuring that recovery representatives and adjusters are maximizing damages for which recovery is sought by way of negotiation, arbitration, or trial is a several step process. Therefore, we certainly want to start with the maximum provable damage claim that we can legitimately advance under the law. The goal is to have our figure as the starting point for negotiation rather than the other side’s lower figure.
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January 13, 2006
Publication - Insurance Coverage
The Impact of Professional Licensure Requirements Upon a Fire Investigator’s Qualification To Testify as an Expert - Arson & Fraud - 24 pgs total, paper is from, 1996 Property Insurance Seminar. Topics: Licensure Requirements for Fire Investigators; Is Professional Licensure Required in Order to Testify as a Fire Expert?; Strategies for Avoiding Preclusion of Unlicensed Experts’ Opinions; Licensure Does Not Guarantee That a Witness is Qualified as an Expert.
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January 13, 2006
Publication - Subrogation & Recovery
Exculpatory Contractual Provisions and Third Party Tort Liability - Subrogation and Recovery - Articles and Papers - 13 pgs total. Paper focuses on the exculpatory clause. Topics include: 1/A DEFENDANT CANNOT GAIN THE BENEFIT OF EXCULPATORY CONTRACTUAL PROVISIONS CONTAINED WITHIN A CONTRACT TO WHICH IT IS NOT A PARTY; NOR CAN A DEFENDANT SUBJECT A PLAINTIFF TO EXCULPATORY CONTRACTUAL PROVISIONS CONTAINED WITHIN A CONTRACT TO WHICH THE PLAINTIFF IS NOT A PARTY, 2/EXCULPATORY CLAUSES MUST BE STRICTLY AND NARROWLY CONSTRUED, 3/THE PRESENCE OF INSURANCE IS NOT AN EXCUSE, 4/THIRD PARTY BENEFICIARY STATUS.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Spontaneous Combustion Technical and Legal Issues -
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January 13, 2006
Publication - Subrogation & Recovery
Nevada Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 4 pgs total. Any claim against the State, its agencies, or employees resulting from some official act can only be maintained in the absence of protective governmental immunity. The legislature has exposed the State of Nevada to liability by conditionally waiving in certain instances governmental immunity from suit. NRS §41.031, et seq. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES; LIMITATION OF LIABILITY
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January 13, 2006
Publication - Subrogation & Recovery
The Insurer/Insured Relationship in Subrogation - Subrogation and Recovery - Articles and Papers - 30 pgs total. Modern legal principles have divided subrogation into two basic categories reflecting how the right of subrogation arises. Legal subrogation, also known as equitable subrogation, arises when an insurer fulfills its obligations to an insured pursuant to the contract of insurance and, in fact, that obligation should have been paid by another, i.e., the tortfeasor. Conventional subrogation, also known as contractual subrogation, arises by virtue of contract or agreement.
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