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April 26, 2004
Publication - Subrogation & Recovery - Insurance
When a Dream House Becomes a Nightmare: A Survey of the Recent Spread of - Subrogation and Recovery Alert! - 7 pgs. This article reviews Residential Construction Liability-type acts in Nevada, Oregon, South Carolina, Texas, Washington, and West Virginia.
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April 08, 2004
Publication - Subrogation & Recovery
Dramatically Enhancing the Subrogation Verdict - Subrogation and Recovery - Articles and Papers - 9 pgs total. Much depends on how the lawyer presents the case. A “good” subrogation case can turn terribly bad if not properly presented before a jury. This is especially true with the trial of a subrogation claim, a case where no crimes were committed, no one was hurt, property was damaged but then repaired, and the named plaintiff is either a disinterested property owner or a very large insurance company.
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March 05, 2004
Publication - Subrogation & Recovery - Insurance
When a Dream House Becomes a Nightmare: A Survey of the Recent Spread of Builder Friendly Construction Acts in the U.S. - Subrogation and Recovery Alert! - 4 pgs. This article discusses Residential Construction Liability-type acts in Colorado, Florida, and Idaho. Such acts are also called “Builder Friendly Construction Acts.”
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February 29, 2004
Publication
The first United States federal law placing restrictions on the use of unsolicited commercial e-mail (UCE), or 'spam', went into effect on 1 January 2004. While it is early days yet, the reactions of both anti-spam activists, and of spammers, to the new provision, known as the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 ('CAN-SPAM' or the 'Act'), suggests that the Act is unlikely to have much effect in stemming the rising tide of spam messages (many originating from US spam gangs) that is clogging mailboxes the world over. Some of the apparent weaknesses of CAN-SPAM as an effective tool to thwart spam may arise from dubious drafting decisions, and some may be reflective of endemic shortcoming of any attempts to control spam by national legislation, given the inherent fluidity and anonymity of e-mail distribution through the Internet.
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February 06, 2004
Publication - Subrogation & Recovery
Contribution and Indemnity: Legal Requirements for Obtaining Recoveries From Joint Tortfeasors - Subrogation and Recovery - Articles and Papers - 9 pgs total. There's a difference between contribution, subrogation and indemnity. Subrogation and indemnity are common law rights and are not allowed for voluntary payments. Contribution between joint tortfeasors...has become a statutory right in most states. In order to preserve your company’s rights of contribution or indemnity,...the underlying payment,...should be structured so as to preserve rights of recovery against other potentially responsible tortfeasors.
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January 28, 2004
Publication - Subrogation & Recovery - Insurance
Drip, Drip, Drip – “Slippery” Issues in Water Losses - Subrogation and Recovery Alert! - 3 pgs total. This article identifies and discusses issues that should be considered in water loss subrogation claims.
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January 01, 2004
Publication - Electronic Discovery & Practice Advisory Services
The authors of the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (hereinafter, "CAN-SPAM" or the "Act"),' the first United States federal law placing restrictions on the use of unsolicited commercial e-mail ("UCE"), or "spam," were asking for trouble. First, the title of the Act rings of Orwellian doublespeak. Second, its content has drawn ire from all sides except, for the most part, the direct marketers who are the ones being regulated - and that is not a good sign.
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January 01, 2004
Publication - Subrogation & Recovery
Florida’s Residential Construction Claims Act - Subrogation Publications - What Is the Statutory Authority?
Florida Statute §558.001 et seq. enacted May 27, 2003 and amended July 1, 2004.
What Does It Require Generally?
The act requires that a homeowner who desires to bring a claim against a contractor for a residential building defect must comply with certain pre-suit notice requirements and a contractor must provide certain responses.
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January 01, 2004
Publication - Subrogation & Recovery
Time Limitations in Property Claims - Subrogation Publications - 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.
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January 01, 2004
Publication - Subrogation & Recovery
Time Limitations in Property Claims Chart - Jurisdictional Charts -
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December 23, 2003
Publication - Subrogation & Recovery - Insurance
The Malfunction Theory: Establishing Product Liability Without Proof of a Specific Defect - Subrogation and Recovery Alert! - 4 pgs total. The malfunction theory can be used to effectively establish the inherent defect element of a product liability claim when the damage to the product caused by the product failure renders the remains of the product useless as physical evidence. The malfunction theory is most effective when the product involved is relatively new. The plaintiff must prove that the product was inherently defective and that the defect in the product caused the injury or damage.
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November 20, 2003
Publication - Subrogation & Recovery - Insurance
Colorado: New Notice Requirements For Claimant When Filing a Third Party Action and Codification of Specific Benefits To Which the Insurer is Subrogated - Subrogation and Recovery Alert! -
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November 01, 2003
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - The Natural Catastrophies Handbook: An Overview and Jurisdictional Survey of Subrogation Issues in the Disaster Context -
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October 30, 2003
Publication - Subrogation & Recovery - Insurance
Southern California Wildfires: Overview of Liability and Causation Issues - Subrogation and Recovery Alert! - 3 pgs total. Causes of most of the fires are unknown at present. The major fronts are in Ventura, San Bernardino and San Diego counties. Topics: San Diego County: Roblar/Pendleton Fire; Paradise Fire; Otay Fire; Cedar Fire. San Bernardino County: Grand Prix/Old Fire. Ventura, Los Angeles Counties: Piru Fire; Simi/Verdale Fire; Riverside County; Mountain Fire.
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October 08, 2003
Publication - Subrogation & Recovery - Insurance
The Great Blackout of 2003 – A Summary of the Investigation to Date - Subrogation and Recovery Alert! - 4 pgs total. A task force was convened to review blackout claims with an eye towards potential recovery. A short summary of the Task Force’s investigation to date is being circulated via this Subrogation & Recovery Alert. Topics: Facts; The Power Grid; The Causes of the Blackout of 2003; The Law and Policy Considerations
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October 01, 2003
Publication - Subrogation & Recovery - Insurance
Hurricane Isabel: A Preliminary Factual and Legal Analysis of the Subrogation Issues - Subrogation and Recovery Alert! - 19 pgs total. 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 NC and VA law. Topics: THE STORM AND ITS CONSEQUENCES; SUBROGATION ISSUES: Overview of Hurricanes and Their Offspring; Overview of Liability in the Disaster Context; Liability of Adjoining Landowners for Debris Damage; The Act of God Defense.
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August 28, 2003
Publication - Subrogation & Recovery
Product Liability Law: Basic Theories and Recent Trends - Subrogation and Recovery - Articles and Papers - 12 pgs total. Special attention given to South & North Carolina. What does it take to prove a product liability claim? Just because a fire or flood emanates from a product, does it necessarily follow that the manufacturer is liable for the damages that result? This article provides an overview of the standards for proving a claim of product liability against the seller or manufacturer of the product, including a discussion of some of the emerging trends in product liability law.
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August 19, 2003
Publication - Subrogation & Recovery - Insurance
When the Lights Go Out – Enforceability of Exculpatory Provisions in Utility Tariffs - Subrogation and Recovery Alert! - 4 pgs total. It has long been accepted that public utilities may disclaim or limit their liability for losses caused by their own conduct. A subrogating carrier may be able to circumvent tariff defenses by utilizing several strategies. While utilities are effectively insulated from liability for purely economic losses caused by service interruptions resulting from their own negligence, factual scenarios presented by typical subrogation cases may be beyond the scope of tariff disclaimers.
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July 16, 2003
Publication - Subrogation & Recovery - Insurance
The Volunteer Defense - Subrogation and Recovery Alert! - 3 pgs total. The volunteer defense is most often invoked by opponents who know little about property insurance claims and subrogation. Subrogation defendants typically attempt to pursue a volunteer defense in circumstances where there was a dispute or compromise regarding coverage or scope with respect to the first-party claim, although the defense may sometimes attempt to raise coverage arguments that were not even considered during the adjustment of the claim.
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July 01, 2003
Publication
Efforts by the board of a cooperative building to terminate the proprietary lease of a tenant-shareholder have traditionally been a costly and protracted process. A decision by the Court of Appeals in May appears to have removed some of the obstacles, but it is likely to raise new questions about the overall policies that govern the operations of any cooperative, as well as the certainty of tenant-shareholders' possessory rights under the proprietary losses.
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