Fall/Winter 2005-2006 [Subrogation and Recovery Observer]

Publication - Subrogation & Recovery

Fall/Winter 2005-2006 - Subrogation and Recovery Observer - Subrogation and Recovery Observer

Tempering the Storm: Subrogation in the Wake of Hurricane Katrina [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Tempering the Storm: Subrogation in the Wake of Hurricane Katrina - Subrogation and Recovery Alert! - 9 pgs total. This paper serves an initial analysis of the factual and legal issues affecting your subrogation opportunities with emphasis on Federal, Louisiana, Mississippi and Alabama law. This paper does not address coverage issues or all issues relating to subrogation arising from catastrophic losses.

An Overview of Cutting Edge Developments in Canadian Insurance Litigation [Canadian Property Insurance Update]

Publication - Subrogation & Recovery

An Overview of Cutting Edge Developments in Canadian Insurance Litigation - Canadian Property Insurance Update - 120 pgs. This booklet contains written versions of presentations by a number of Canadian lawyers on Canadian property insurance issues.

Subrogation and Recovery - Articles and Papers [Overview of Subrogation and Recovery Issues]

Publication - Subrogation & Recovery

Subrogation and Recovery - Articles and Papers - Overview of Subrogation and Recovery Issues - It is not possible to devise a comprehensive checklist that spells out the activities or procedures that should or must be performed in investigating each and every fire, building collapse or other property loss investigation. Experience and common sense suggest certain procedures that are generally desirable to follow in the investigation of any ...

Federal Government not Liable for Failure to Maintain Firebreaks they Delegated to Independent [InterFIRE - Breaking Legal Developments]

Publication - Subrogation & Recovery

Federal Government not Liable for Failure to Maintain Firebreaks they Delegated to Independent - InterFIRE - Breaking Legal Developments - In Autery v. United States, No. 04-35105, (Sept. 12, 2005), the Ninth Circuit Court of Appeals reviewed actions arising out of a wildfire in Washington State.

The suit sought substantial damages, alleging,
among other things, negligence against the United States in not maintaining firebreaks. The district court dismissed based upon the FTCAs independent-contractor and discretionary -function exceptions.

Spinning Out of Control: Ford Recalls an Additional 3.8 Million Vehicles Containing the Defectively Designed Speed Control Deactivation Switch [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Spinning Out of Control: Ford Recalls an Additional 3.8 Million Vehicles Containing the Defectively Designed Speed Control Deactivation Switch - Subrogation and Recovery Alert! - 11 pgs total. For several years, Ford's speed control deactivation switch - a tiny component part, not much bigger than a sparkplug, has been burning down homes across the country. And as of September 7, 2005, it is now the subject of the one of the largest recall campaigns in the history of the automotive industry. Topics: Recall Campaign; The "Expanded Investigation"; The Media Blitz; The Recall of September 2005; The "Root Cause"; The Symptoms; Judicially Declared Defect.

New 2-Year Statute of Limitations Impacts Your Subrogation Claims in Ontario, Canada [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

New 2-Year Statute of Limitations Impacts Your Subrogation Claims in Ontario, Canada - Subrogation and Recovery Alert! - 3 pgs total, focus on Canada. The Ontario government recently enacted new legislation that created a general 2-year limitations period for commencing civil actions for most claims - including claims based in negligence, products liability and contribution and indemnity. The new Limitations Act significantly reduces the time for filing a lawsuit, and thus, greatly increases the need for efficient and timely handling of subrogation claims north of the border.

Testing the Water: Subrogation Possibilities Arising From the August 19, 2005 Storm [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Testing the Water: Subrogation Possibilities Arising From the August 19, 2005 Storm - Subrogation and Recovery Alert! - 10 pgs total, focus on Toronto. This paper will serve to highlight the factual and legal issues affecting your subrogation opportunities. Topics: OVERVIEW OF SUBROGATION ANALYSIS; POTENTIAL SUBROGATION CLAIMS; POTENTIAL DEFENCES TO ACTIONS ARISING FROM THE STORM

Where There's Smoke [BEST'S REVIEW]

Publication - Subrogation & Recovery

Where There's Smoke - BEST'S REVIEW - 1 page. A recent increase in welding rod claims regarding exposure to manganese has led to the issue of whether pollution exclusions can be applied to welding claims.

Ignorance of the Law is No Excuse: A Law Student’s Perspective on Acquiring Legal Information Literacy [Canadian Law Library Review]

Publication

Summer and the Season of Pestilence! Recovery Guidelines for Losses Involving Bug Foggers [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Summer and the Season of Pestilence! Recovery Guidelines for Losses Involving Bug Foggers - Subrogation and Recovery Alert! - 4 pgs total. To curb the number of fires and injuries resulting from foggers, the Environmental Protection Agency (EPA) approved new requirements on February 4, 1998 requiring that warnings and instructions be placed on insect foggers to ensure that they are used safely. This article is intended to better your understanding of how the use of bug foggers can lead to explosions and fires and what avenues of recovery may or may not be available for such claims.

Affirmative Defenses & Measure Of Recovery [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Affirmative Defenses & Measure Of Recovery - Subrogation and Recovery - Articles and Papers - 8 pgs total. Defense counsel may raise several affirmative defenses to defeat an insurer’s subrogation rights, including asserting that the statute of limitations has run or that a valid waiver of subrogation exists or other limitations of liability. Topics: Statue of Limitations, Waivers of Subrogation & Limitations of Liability, Proof & Measure of Recovery.

IT'S NOT AN ACT OF GOD: Losses in the Face of Hurricane Force Winds and other Natural Disasters [Southeastern Subrogation Seminar - Program Book]

Publication - Subrogation & Recovery

IT'S NOT AN ACT OF GOD: Losses in the Face of Hurricane Force Winds and other Natural Disasters - Southeastern Subrogation Seminar - Program Book - 128 pgs. This series of presentations discusses losses due to natural disasters, including hurricanes, lightning strikes, pipe freezing, and catastrophic disasters. Hurricanes Isabel, Charley, and Frances are specifically referenced. The related issues of concurrent causation and ethical behavior are also discussed.

Whose First Dollar Is It, Anyway? [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Whose First Dollar Is It, Anyway? - Subrogation and Recovery - Articles and Papers - 2 pgs of text total. One of the issues forever vexing insurers, insureds and counsel is the distribution of a subrogation recovery which amounts to less than the total loss. A cursory review of Sapiano v. Williamsburg Nat. Ins. Co. (1994) 28 Cal.App.4th 533 appears to entitle the insured to first dollar recovery, up to the full amount of its loss. A more careful analysis of the Sapiano decision suggests that its impact on subrogating carriers will generally be much less onerous.

California’s Residential Construction Claims Statutes [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

California’s Residential Construction Claims Statutes - Subrogation and Recovery - Articles and Papers - 6 pgs total. The gist of the California statutes is that claimants must give written notice of claimed defects and provide a fair opportunity to builders, design professionals, sellers and even material suppliers to remedy the defects. What follows is a brief analysis of the statutes that exist in California.

Contemporary Issues in Large Subrogation, CGL Coverage and Marine Cargo Claims [Houston Insurance Seminar - Program Book]

Publication - Subrogation & Recovery

Contemporary Issues in Large Subrogation, CGL Coverage and Marine Cargo Claims - Houston Insurance Seminar - Program Book - 300 pgs. The PowerPoints and reports in this book discuss a variety of issues in large subrogation, CGL coverage, and marine cargo claims.

A New World Order [FortNightly]

Publication

Domestic and international pressures are building rapidly on the United States to enact some form of legislation to curb greenhouse-gas emissions, as a spate of recent developments turns up the heat on the Bush administration. Internal pressure is building on several fronts. First, coalitions of nine Northeast states and three West Coast states are moving forward with their own regional greenhouse-gas cap-and-trade programs, raising the prospect of uneven CO2 regulation across the nation and electricity market distortions. Second, the bi-partisan National Commission on Energy Policy published a report in December urging the Congress and the White House to implement national legislation establishing a mandatory, economy-wide, tradable-permits program to limit greenhouse gas emissions. The regional greenhouse-gas programs and the recommendations of the National Commission on Energy Policy are likely preludes to the reintroduction in early 2005 of the McCain-Lieberman Climate Stewardship Act. The bill would establish a national greenhouse gas cap-and-trade program to reduce CO2 to year 2000 emission levels over the period 2010 to 2015.

Time Limitations for Cargo Claims [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Time Limitations for Cargo Claims - Subrogation and Recovery Alert! - 7 pgs total. Shipment of goods by boat, train, airline, rail, or automobile may be subject to certain statutory time filing requirements. What follows is an analysis of the more prominent statutes that apply to the transportation of goods intra and inter-state.

The Economic Loss Doctrine and Damage to Aircraft [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

The Economic Loss Doctrine and Damage to Aircraft - Subrogation and Recovery - Articles and Papers - 19 pgs total. The trend in cases applying the economic loss rule to aircraft damage is that, if the defective product or negligent service is part of the original bargained for exchange in the purchase of the aircraft, the economic loss rule applies. If the replacement part, service, or inspection of the aircraft is beyond the scope of that original purchase, the economic loss rule will not apply, and tort remedies are available.

Subrogation and Recovery - Articles and Papers [Pipelines, Tanks and Blowouts, “Oh My!”]

Publication - Subrogation & Recovery

Subrogation and Recovery - Articles and Papers - Pipelines, Tanks and Blowouts, “Oh My!” - Special considerations in successful pursuit of environmental recovery claims.