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January 01, 2006
Publication - Labor & Employment
Reasonable Accommodations And The ADA - SBN Magazine -
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January 01, 2006
Publication - Insurance Coverage - Insurance
Ken Levine was engaged to develop this practitioner’s guide to the major areas of insurance regulation that can affect a program and the methods for navigating this technical mine field, with particular guidance and form agreements and plans for the formation, acquisition, and merger of insurers.
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January 01, 2006
Publication - Subrogation & Recovery
Responding to Discovery Requests for your Electronic Records: Why You Can’t Wait To “Cross That Bridge When You Come To It” - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 14 pgs total. Topics: A Few Points of Law; Responding to Discovery Requests for Electronic Records; Coping With the Risks and Burdens of Electronic Evidence Discovery
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December 28, 2005
Publication - Subrogation & Recovery
Intercompany Arbitration and Restitution (Intercompany Arbitration and Restitution in Colorado) - Subrogation and Recovery - Articles and Papers - 16 pgs total. Outline & other materials. Topics in outline: When to Consider Arbitration; Contentions; Evidence; Hearings; Other Tips.
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December 23, 2005
Publication - Subrogation & Recovery
Tennessee Supreme Court Approves Experience-Based Opinions by Engineer - InterFIRE - Breaking Legal Developments - In Charles Brown v. Crown Equipment Corp., No. W2002 -02228-SC-R11 -CV, Tennessee Supreme
Court, the court found experience based opinions by an engineer acceptable. That court overturned the trial judge who had found the testimony of plaintiff's mechanical engineer and biomechanical engineer
unreliable.
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December 19, 2005
Publication - Subrogation & Recovery
Colorado Subrogation Update - Subrogation and Recovery - Articles and Papers - 8 pgs total. CDARA (Colorado Construction Defect Action Reform Act) Some defense attorneys have successfully argued that subrogation claims must be brought within 90 days of final “settlement” in construction cases. Subrogation attorneys argue that the legislature did not intend for the statute to be interpreted this way, and a Supreme Court decision from January of this year should assist in arguing that the statute does not require subrogation claims be made within 90 days of final payment.
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December 05, 2005
Publication - Subrogation & Recovery
SEC Issues Questions and Answers Regarding the Securities Offerings Reform - Securities Offerings and Regulations Alert! -
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December 05, 2005
Publication - Subrogation & Recovery
Blanket Manufacturer Not Liable for Fire Based on Failure of Expert to Rule out Other Potential - InterFIRE - Breaking Legal Developments - In Bryte v. American Household, No. 04-1051, Fourth Circuit Court of Appeals, (Nov. 21, 2005), the court reviewed a product liability action involving allegations of a product defect. On October 23, 2000, Lova Bryte died in a fire in her Preston County, West Virginia apartment. She was using an electrically heated throw at the time of the fire. Several weeks later, plaintiffs, Mrs. Bryte's personal representative and relatives, brought this
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December 01, 2005
Publication - Subrogation & Recovery
The Magic of Privity in Express Product Warranty Claims: A Plaintiff’s Perspective - The Florida Bar Journal - The law of Florida is increasingly clear on at least one point in the product liability arena. Implied warranties are generally not enforceable if there is no privity between the claimant and the manufacturer (with some exceptions). But what of express warranties? Indeed, what of express manufacturer warranties that come with the product to the first retail purchaser? Surely, an express, written product warranty with
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November 18, 2005
Publication - Subrogation & Recovery
Understanding the Anti-Subrogation Doctrine - Subrogation and Recovery - Articles and Papers - 3 pgs total. The anti-subrogation doctrine is a defense to subrogation claims based upon the logical conclusion that an insurance company standing in the shoes of its insured cannot sue that insured. The defense is also known as the “suing your own insured” doctrine. The defense includes the implied co-insured doctrine and “economic waste” doctrine recently articulated in Connecticut. Topics: Typical Fact Situation; Practice Tips
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November 18, 2005
Publication - Subrogation & Recovery
Arkansas Court Upholds Expert's Exclusion for Failure to Rule Out Other Causes of Fire - InterFIRE - Breaking Legal Developments - In Nationwide Mutual Insurance Company v. Fleetwood Homes of Tennessee, Inc., (Nov. 11, 2005) Court of Appeals of Arkansas, Division One (unpublished), Appellant Nationwide Mutual Fire Insurance Company brought a products liability action against appellee Fleetwood Homes of Tennessee, Inc. Fleetwood moved for summary judgment, and the trial court granted its motion. Nationwide appeals the trial court's order, arguing two points on appeal
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November 18, 2005
Publication - Subrogation & Recovery
Applying Daubert and Kumho Tire to Experts in Fire Cases - Subrogation and Recovery - Articles and Papers - 16 pgs total. Before the Supreme Court's '99 decision in Kumho Tire, there was some disagreement in the courts concerning the applicability of Daubert to experts typically used in fire cases. Kumho established that the trial judge's gatekeeping role applies to all expert testimony, rendering the scientific versus non-scientific distinction moot. Cases covered: Weisgram v. Marley, Pride v. BIC, Smith v. Ford, Polizzi Meats v. Aetna, U.S. v. Wolf, Thurman v. Missouri Gas Energy
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November 18, 2005
Publication - Subrogation & Recovery - Insurance
The Aftermath of Rita and Katrina: Where Do We Go From Here - Subrogation and Recovery Alert! - 7 pgs of text. This Alert is offered to help you handle claims efficiently and effectively and to advise you as to what information will be needed to conduct a thorough subrogation analysis. This Alert provides additional information to assist you and your catastrophe-loss adjusters on the ground in making preliminary determinations as to which claims might be viable from a subrogation perspective, and which claims will likely be barred by the Act of God or other defenses.
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October 28, 2005
Publication - Subrogation & Recovery
Fire Blanket Manufacturer not Liable for Failure to Warn - InterFIRE - Breaking Legal Developments - In Koken v. Black & Veatech,the First Circuit Court of Appeals reviewed judgment in favor of a fire blanket manufacturer. On May 17,
1999, a fire occurred during a torch-cutting operation performed as part of a construction project in Maine. A fire blanket had been used to protect the area beneath the welding.
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October 26, 2005
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Overview of Environmental Recovery Issues - When an insurer is hit with an environmental loss the ability to pursue recovery from potentially responsible parties should be carefully investigated. In many ways environmental losses are no different than other property losses.
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October 13, 2005
Publication - Subrogation & Recovery
Subrogating Against a Tenant: A Discussion of the Implied Co-Insurance Doctrine in the Northwest - Subrogation and Recovery - Articles and Papers - 10 pgs total. As an “implied” insured, the tenant is legally immune from the landlord’s property carrier’s subrogation action under the same principle that prevents that carrier from subrogating against its named insured landlord. This theory is referred to as the implied coinsurance doctrine. Topics: Background on the Implied Co-Insurance Doctrine; Understanding How Lease Provisions May Affect Subrogation Rights; The Implied Co-Insurance Doctrine in the Northwest
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October 13, 2005
Publication - Subrogation & Recovery
Time Limitations In Property Claims - Subrogation and Recovery - Articles and Papers - 5 pgs total. This paper focuses on several recent developments in the law surrounding the limitation periods relevant to property damage claims. The main focus of the paper is the law in Ontario, however, one should bear in mind that each province has developed its own specific legislation and law regarding limitation periods. For additional reference, see a chart outlining several limitation periods of the provinces and territories.
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October 13, 2005
Publication - Subrogation & Recovery
Managing the Business of Recovery Litigation - Subrogation and Recovery - Articles and Papers - 20 pgs total (International – Canada). This paper examines a number of issues relating to the conduct of recovery actions in Canada. This paper focuses on cases with sufficient money at stake wherein a more comprehensive effort to pursue recovery is warranted. In our firm, we use the benchmark of $100,000 as being the rule-of-thumb dividing these categories of cases. The point being examined is how insurers can go about obtaining the best results in the most cost-efficient fashion.
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October 10, 2005
Publication - Subrogation & Recovery
Going Global: A Guideline To Subrogation Outside the United States - Subrogation and Recovery Alert! - 5 pgs total, Internationally focused. Loss outside of U.S. jurisdiction can present legal principles that may be uncharted territory for many claims handlers. The following is intended to serve as a road map for understanding the basic subrogation principles of various foreign jurisdictions. Topics: COMMON LAW SYSTEMS V. CIVIL CODE SYSTEMS; THE PRINCIPLE OF "LOSER PAYS"; STATUTES OF LIMITATIONS: PRESCRIPTION PERIODS; USE OF EXPERTS; THE TRIER OF FACT
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October 01, 2005
Publication - Subrogation & Recovery
Fall/Winter 2005-2006 - Subrogation and Recovery Observer - Subrogation and Recovery Observer
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