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February 23, 2005
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Pipelines, Tanks and Blowouts, “Oh My!” - Special considerations in successful pursuit of environmental recovery claims.
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January 28, 2005
Publication - Subrogation & Recovery
California Government Tort Claims & Immunities - Subrogation and Recovery - Articles and Papers - 6 pgs total. The Tort Claims Act abolished absolute sovereign immunity and eliminated all common law or judicially declared forms of liability for public entities. As a result, since 1963, all government tort liability in California has been based on statute. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES
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January 28, 2005
Publication - Subrogation & Recovery
California Government Tort Claims & Immunities - Attachment - Subrogation and Recovery - Articles and Papers - 3 pgs. Claim for Damages to Person or Property
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January 27, 2005
Publication - Subrogation & Recovery
Time Limitations in Bankruptcy Proceedings - Subrogation and Recovery - Articles and Papers - 7 pgs total (includes a hypothetical situation). There are, however, circumstances where a claim may still be pursued against a bankrupt defendant. A number of steps must be taken – quickly – to help you preserve your claim. This paper briefly outlines some of the steps which must be taken to timely present and preserve your claim against the bankrupt tortfeasor or “debtor.”
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January 01, 2005
Publication - Subrogation & Recovery
Ford's Cruise Control Deactivation Switch: A Pressure Cooker Waiting to Explode - Subrogation Publications - It has been described as a ticking time bomb, a deadly defect, a trip down the road to disaster. It is a tiny component part, no bigger than a sparkplug and shaped very similarly. It is Ford's cruise control deactivation switch. And it is burning down homes across the country.
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January 01, 2005
Publication - Subrogation & Recovery
Insured Damage Testimony: The Yellow Brick Road To Better Subrogation Recoveries - Subrogator - A successful subrogation recovery requires proof of liability and damages. One half of the recovery effort relates to proving damages. Failure to adequately prove damages. Failure to adequately prove damages leaves a favorable liabilities verdict but no recoverable damages. Hence, careful preparation of the damage claim is essential to ensure a meaningful subrogation recovery.
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January 01, 2005
Publication - Subrogation & Recovery
Primer on Arizona Subrogation Law - Subrogation publications - Because each state's Act differs in some respect from others, and because each statute contains a complex schedule by which various milestones in the pre-suit process are to be completed, the relevant statute should be consulted before committing to any course of action. The statues seem straight forward, however, it is unclear whether the statues apply to subrogation claims? ...
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January 01, 2005
Publication - Subrogation & Recovery
Insurance Coverage Issues: Subrogation - Subrogation Publications - Insurance Coverage - Subrogation Considerations
I. Trigger Under Colorado Law
A. Construction Defect Context:
1. Public Service Co. of Colorado v. Wallis and Cos., 986 P. 2d 924 (Colo. 1999)
2. American Employer's Ins. Co. v. Pinkard Construction Co., 806 P.2d 954 (Colo. App. 1990).
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January 01, 2005
Publication - Subrogation & Recovery
Ignorance of the Law is No Excuse: A Law Student's Perspective on Developing Legal Information Literacy - Canadian Law Library Review - Like many eager, wide-eyed students before me, I entered law school with the misguided notion that the purpose of a law degree was to learn 'The Law.' Now, looking back with the hindsight sharpened by a $40,000 (plus interest) education, I have come to realize the grave extent of this fallacy. I was not ultimately meant to learn the damages rule in Hadley v. Baxendale, nor wonder at how poor Mrs. Donahue's "neighborhood" became
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December 02, 2004
Publication - Subrogation & Recovery - Insurance
Construction Defect Claims: Legal Considerations in Idaho, Oregon and Washington - Subrogation and Recovery Alert! - 11 pgs total. The following is a summary of the law of Washington, Oregon, and Idaho on three issues that are common to construction defect claims: (1) notice of claim statutes, (2) statutes of repose, and (3) warranties of workmanlike performance.
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November 22, 2004
Publication - Subrogation & Recovery - Insurance
Update on Builder Friendly Construction Acts - Subrogation and Recovery Alert! - 6 pgs total. This article surveys the new builder-friendly construction acts in Georgia, Mississippi, Tennessee and Hawaii, and reports on several recent opinions in construction act cases. The complete survey of all twenty states, including all recent amendments, is entitled “When the Dream House Becomes a Nightmare: A Survey of the Recent Spread of ‘Builder Friendly Construction Acts’ in the U.S.” and is available upon request.
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November 01, 2004
Publication - Subrogation & Recovery
Burning Issues in Fire Subrogation - Claims Magazine - November 2004 - 3 pgs. This article discusses important subrogation issues in handling fire claims. These include preventing evidence spoliation, getting experts, properly documenting the scene, and dealing with mold claims.
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October 22, 2004
Publication - Subrogation & Recovery - Insurance
Hurricanes Charley & Frances: Overview of Code Requirements and Engineering Considerations for Subrogation Opportunities - Subrogation and Recovery Alert! - 4 pgs total. The 2001 Florida Bldg Code addresses design wind speeds by referencing Ch. 6 of ASCE-7. For commercial structures, the question of whether or not the structure could have resisted code winds may be determined by evaluating the main wind force resisting systems that were in place prior to the storm. For residential structures, the question of determining if the structure was adequate for code specified winds may be a more complex issue.
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September 15, 2004
Publication
Menachem J. Kastner writes that, notwithstanding the Court of Appeals' Pullman holding, a Manhattan judge recently determined that the business-judgment rule did not apply to a board's decision and held that respondent's conduct was subject to judicial review.
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September 09, 2004
Publication - Subrogation & Recovery - Insurance
Hurricane Frances: A Subrogation Guideline - Subrogation and Recovery Alert! - 5 pg, bullet outline. Topics: INITIAL CHECKLIST FOR STRUCTURAL DAMAGE; LEGAL OBSTACLES; KEY ITEMS TO OBTAIN/RETAIN; PARTICULAR DESIGN, INSTALLATION, AND MATERIALS ISSUES TO
CONSIDER.
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August 01, 2004
Publication - Subrogation & Recovery - Insurance
Hurricane Charley: A Preliminary Factual and Legal Analysis of the Subrogation Issues - Subrogation and Recovery Alert! - 37 pgs total, includes photos and table of contents. This paper serves as an initial analysis of the factual and legal issues affecting subrogation opportunities, providing various theories of recovery in the catastrophe context, with emphasis on the law of Fl, Ga, SC, NC, and Va. Topics: OVERVIEW OF THE SUBROGATION ISSUES: Overview of Hurricanes and Their Offspring; Overview of Liability in the Disaster Context; Overview of Negligent Preparedness and Response Issues.
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August 01, 2004
Publication
In June 2001, the Bush administration withdrew an earlier campaign pledge to support the Kyoto Protocol, claiming that the treaty was fatally flawed in not requiring China and India to reduce carbon dioxide (CO2) emissions and that the science underpinning the treaty was not yet definitive enough to justify the costs of compliance.
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June 14, 2004
Publication - Subrogation & Recovery - Insurance
Excluding Comparative Fault Evidence in the Fire Spread Case - Subrogation and Recovery Alert! - 4 pgs total. The argument for exclusion of the plaintiff’s, or the plaintiff’s insured/subrogor’s comparative fault in causing the fire in a fire spread case is a veritable Trifecta for subrogation professionals: it is logical; it is fair and it helps maximize subrogation recoveries.
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June 07, 2004
Publication - Subrogation & Recovery
Recall Information - 6/07/2004 - Interfire -
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May 12, 2004
Publication - Subrogation & Recovery - Insurance
Limitations Act, 2002 - Subrogation and Recovery Alert! - 1 pg total, focus on Ontario. In 2004, the Ontario Limitations Act, 2002, came into force. This new statute represents an enormous reform of the existing law of limitations in the province. It is a substantial improvement over the old legislation and will make the law of limitations in Ontario more intelligible to both lawyers and clients.
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