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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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January 13, 2006
Publication
Pre-Complaint Discovery in Federal Court, Pennsylvania and New Jersey - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 37 pgs total. Presuit or pre-complaint discovery is both a tool, and often a necessity, in both state and federal court. Pre-complaint discovery for the purpose of perpetuation of testimony is generally permitted in both state and federal court. Pre-complaint discovery, however, may also be a tool for fleshing out facts and witnesses prior to filing a formal complaint. Paper covers PRE-COMPLAINT DISCOVERY IN PA & NJ.
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January 13, 2006
Publication - Subrogation & Recovery
Defenses in a Product Liability Claim - Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers - 3 pgs total. This article is intended to provide only a brief description of the defenses available to product liability claims. State courts across the country have addressed these defenses and have adopted unique nuances with respect to their applicability. This article of limited scope does not address the approaches adopted by each state.
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January 13, 2006
Publication - Subrogation & Recovery
Deposition Preparation for the Claims Professional - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - - 11 pgs total, includes questions and answers. After a brief definition of the deposition process and format, this paper will review the most traditional “commandments” for deponents or witnesses at depositions. We will then review steps that will aid the independent claims adjuster in preparing for a deposition. Topics include: THE CARDINAL RULES OF DEPOSITIONS; PREPARING FOR YOUR DEPOSITION
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - The Product Liability Torts -
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January 13, 2006
Publication - Subrogation & Recovery
Defenses in a Product Liability Claim - Subrogation and Recovery - Articles and Papers - 4 pgs total. This article is intended to provide only a taste of the defenses available in product liability claims. Topics: Abnormal Use/Misuse Defense, Assumption of the Risk Defense, Consent Defense, Implied Agreement to Relieve Defendant of Responsibility, Voluntary Acceptance of Risk Created by the Defendant, Unreasonable Acceptance of a Known Risk, Intended User Defense, Substantial Change Defense, Technical Defenses Based on the Law.
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January 13, 2006
Publication - Subrogation & Recovery
Getting Along with the Property Insurer – A Practical Approach to Protecting the Rights of Subrogees and Policyholders - Subrogation and Recovery - Articles and Papers - 6 pgs total. This article discusses a pragmatic approach whereby the insurer and its policyholder can work together to preserve necessary evidence so that a successful claim can be asserted against responsible third party tortfeasors, while at the same time fairly apportioning rights of recovery from the tortfeasor between the policyholder and insurer. Courts throughout the country which have addressed this issue have come to different conclusions...
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January 13, 2006
Publication - Subrogation & Recovery
Current United States Legal Issues Affecting Connecting Carriage - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 25 pgs total. In the US, courts are beginning to resolve disputes involving this increasingly complicated web of inter-related contractual obligations for cargo that moves through multiple jurisdictions using a variety of transportation modes. The trend in the US is to enforce lawful contract terms, so long as doing so does not offend public policy and the terms are not unreasonable. It is, therefore, against this backdrop that we address the topic of connecting carriage and US law.
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January 13, 2006
Publication - Subrogation & Recovery
Spoliation of Evidence - Subrogation and Recovery - Articles and Papers - 13 pgs total. This paper covers the various implications of spoliation of evidence. First, the evolution of the spoliation doctrine is explored with particular attention paid to the inferences invoked and sanctions levied by courts... Second, the impact of the concept of spoliation of evidence on the investigation of an insurance claim is explored... A checklist is offered to identify what evidence collection efforts should be taken...
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - Recovery in Construction Defect Cases - Claims involving construction and design defects present unique issues for subrogation recovery. This presentation discusses various considerations surrounding the liability of the various players connected with the construction project...
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Material Failures of Plastic Plumbing Fixtures and Piping - There are many subrogation opportunities related to water losses arising from material failures of plastic plumbing fixtures and piping. More of these claims can be expected. A greater number of these losses will occur in the future given the modern use of less expensive plastic components for plumbing fixtures and
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January 13, 2006
Publication - Subrogation & Recovery
Daubert Update - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - 10 pgs total, written in '00; edited '05. Topics: Background:U.S. Supreme Court Decisions; Daubert v. Merrell Dow; General Electric v. Joyner; Kumho Tire v. Carmichael; Daubert Today; The trend is toward increasingly rigid application of the Daubert criteria.; Fire investigators are now under heightened scrutiny.; Trial judges do not have unfettered discretion to exclude expert testimony; Daubert in the State Courts; What is the Ultimate Impact of Daubert and Kumho on Subrogation Recoveries?
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January 13, 2006
Publication - Subrogation & Recovery
Winning Mediation Techniques for Plaintiffs - Subrogation and Recovery - Articles and Papers - Proof of Damages - 6 pgs total. On average 80-95% of all cases which enter mediation settle. Those which do not generally fail due to one of the following: lack of key discovery; a psychological “lock” on positions as contrasted to interests; a lack of key decision makers at the process; reactive devaluation of offers from the other side; or extreme risk aversion. Topics: MEDIATION AND PREPARATION; PRIOR TO THE MEDIATION SESSION; AT THE MEDIATION SESSION; DURING FOLLOW UP; TEN PROVEN WINNING TECHNIQUES
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January 13, 2006
Publication - Subrogation & Recovery
Claims Against Fire Departments in Washington and Oregon - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation - 6 pgs total. In evaluating the subrogation potential of a fire loss, occasionally the fire fighting techniques employed by a public entity are called into question. An issue then arises regarding the feasibility of suing the fire department and/or the public entity in control of that fire department for negligent fire fighting techniques or mishandling of the fire scene. This paper will focus on a recent WA case that discusses the issue and also briefly discuss how it applies to cases in OR.
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January 11, 2006
Publication - Subrogation & Recovery
Marine Cargo Claims - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 18 pgs total. Shipments transported to or from the United States are governed by the U.S. Carriage of Goods by Sea Act (“COGSA”). Topics re: COGSA: Applicability; Notice of Claim; Statute Of Limitations; Establishing A Prima Facie Case; Defenses; Package Limitation; Foreign Jurisdiction Clauses.
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January 11, 2006
Publication - Subrogation & Recovery
Discovering and Protecting Electronic Files - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 36 pgs total. Topics: Differences Between Electronic and Paper Information; Growing Importance of Electronic Information; Discoverability of Electronic Data; WHAT CAN BE DISCOVERED: Types of Electronic Data; The “Lazarus Phenomenon”, The Myth of Erased, Deleted, Destroyed and Lost Electronic Evidence; Sources of Hidden Data; HOW TO DISCOVER ELECTRONIC FILES; HOW TO PROTECT ELECTRONIC FILES
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January 04, 2006
Publication - Bankruptcy, Insolvency & Restructuring, Business
An Overview of Key Amendments to the Bankruptcy Code - The Bankruptcy Abuse and Consumer Protection Act of 2005 -
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January 01, 2006
Publication - Subrogation & Recovery
Electronic Signatures in Global and National Commerce Act - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 9 pgs total. This paper summarizes the Electronic Signatures in Global and National Commerce Act “the Act” signed into law by President Clinton on June 30, 2000. The Act encourages electronic commerce by validating the use of electronic signatures, electronic records, electronic notes, and electronic contracts in any transaction affecting interstate commerce. The Act is divided into four Titles which the paper covers.
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January 01, 2006
Publication
No ‘Scalito’ Here - Risk & Insurance - Wingnuts, stand down. Supreme Court nominee Samuel G. Alito, Jr. is no agenda-slipping, law-legislating extremist—at least not when it comes to insurance issues. Judge Alito is an intellectual stud more than qualified to become a Supreme Court justice. His delivery of insurance opinions is impressive. He writes with an efficiency and clarity that produces opinions that lawyers call “tight.”
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January 01, 2006
Publication - Subrogation & Recovery
Intense Fighting; Serious Losses. Outcome Uncertain! Dispatches from the Hostile Frontier of Electronic Data Discovery - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 42 pgs total, includes Definitions appendix. This article discusses a contentious trend toward electronic data discovery in civil litigation. It considers the implications of this trend for public and private organizations engaged in litigation. The article recommends an immediate course of action that an organization can adopt to minimize the damaging consequences, should an adversary launch a discovery assault on its electronic databases.
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