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June 30, 2003
Publication - Subrogation & Recovery - Insurance
Dryer Fires - Subrogation and Recovery Alert! - 4 pgs total. The four main reasons dryers catch fire include installation error, user error, manufacturing defect and design defect. Topics: Talk to the Insured; Further Investigation: Improper Installation; Insured’s Maintenance and Use; Manufacturing and Design Defects. Another investigative source for deter-mining the cause of dryer fires is the findings set forth in the CPSC Clothes Dryer Project Study.
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May 27, 2003
Publication - Subrogation & Recovery - Insurance
Process Safety Management - Subrogation and Recovery Alert! - 3 pgs total. There are several potential benefits which a subrogation claimant can derive from the OSHA PSM regulations, as well as the EPA RMP regulations. Topics: OSHA PSM REGULATIONS; LEGAL/EVIDENTIARY ISSUES; EPA REGULATIONS
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January 10, 2003
Publication - Subrogation & Recovery - Insurance
Subrogation Issues Arising Within the Condominium Contexti - Subrogation and Recovery Alert! - 5 pgs total. Condominium claims present some interesting twists on issues familiar to the subrogation practitioner as well as new issues that are peculiar to the condominium system. …The most common issues to arise recently relate to standing and other aspects of the condominium association/owner relationship. Topics: HISTORY OF THE CONDOMINIUM; CONDOMINIUM LAW; STANDING TO SUE; PRO-RATA LIABILITY OF INDIVIDUAL OWNERS; CONDOMINIUM ASSOCIATIONS LIKENED TO LANDLORDS
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January 01, 2003
Publication - Subrogation & Recovery
Defenses to Subrogation Claims - Affirmative Defenses; Economic Loss - What is Spoliation? Almost every jurisdiction has its own spoliation criteria. They generally are comprised of the following elements:
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December 01, 2002
Publication
In early June 2002, a little-known buoy 26 miles off the coast of Cape May, New Jersey registered a water temperature of 83.1 degrees. It was the highest ocean temperature ever recorded off the New Jersey coast (14 degrees above normal) and a level typically
found only in the waters of the Gulf of Mexico. Four months later, in the span of just 12 hours, Hurricane Lili intensified over the Gulf of Mexico from a weak Category 2 hurricane to a strong Category 4 storm. Before mysteriously weakening and just before making landfall in Louisiana, Lili’s winds, just above the ocean surface, were clocked at an astounding 226 miles per hour.
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November 27, 2002
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Risk Managers and Recovery Opportunities in Mold Losses - For the past several years, risk managers and virtually everyone else actively involved in property insurance and other risk transfer mechanisms have been bombarded by articles, newsletters, seminars and conferences focusing on toxic mold.
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November 12, 2002
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Products Liability – Elements of Proof - A significant percentage of subrogation claims involves fires or other property damage caused by defective products. Most often, these involve some sort of electrical or mechanical failure of the product. Proving the defect in the product is often difficult, because, for example, if the product was involved in a fire, normally the product is completely destroyed, and this makes it difficult to establish the precise nature of the defect.
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November 06, 2002
Publication - Subrogation & Recovery - Insurance
Post Loss Adjustment Releases Between Insurer & Insured - Subrogation and Recovery Alert! - 5 pgs total. As part of the adjustment of a loss, an insurer will sometimes require the insured to sign a release in exchange for the settlement proceeds under the policy. It is critically important, however, that any release entered into during the adjustment stages between an insured and the insurer does not also contemporaneously release the tortfeasor in a subsequent subrogation claim.
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July 15, 2002
Publication - Subrogation & Recovery - Insurance
Prosecuting Claims Against Motor Truck Common Carriers - Subrogation and Recovery Alert! - 4 pgs total. The I.C.C. Termination Act abolished the Interstate Commerce Commission and replaced it with the Surface Transportation Board. Virtually all regulation of trucking freight rates was ended, with the exception of those companies involved in the transportation of household goods. Topics: PREPARING A VALID NOTICE OF CLAIM; INVESTIGATION OF THE CLAIM; POTENTIAL DEFENSES; PROVING DAMAGES; LIMITATION OF LIABILITY; SHIPMENTS MADE UNDER OCEAN BILL OF LADING; STATUTE OF LIMITATIONS
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June 14, 2002
Publication - Subrogation & Recovery
Life of a Complex Subrogation Case - Subrogation and Recovery - Articles and Papers - 38 pgs total. Corporate America is increasingly faced with complex insurance programs. Large self-insured retention limits are now used as a tool to reduce premiums on insurance policies while still providing insurance coverage at a level that is comfortable for the insured’s particular circumstances. The fear of lost profits often dictates a course of action directed towards resuming business without concern for potential third party recovery.
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May 23, 2002
Publication - Subrogation & Recovery - Insurance
Subrogation in Canada - Subrogation and Recovery Alert! - 9 pgs total. As a result of our recent affiliation with Perley-Robertson, Hill & McDougall in Ottawa, Canada, Cozen O'Connor is uniquely equipped to handle your subrogation claims in Canada. The following discussion is intended to provide a comprehensive overview of the applicable law and procedures in Canada relating to the filing and prosecution of subrogation claims.
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January 13, 2002
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - A Practicum on Identifying Potential Conflicts of Interest and Charting a Course for Ethical Behavior in the Context of the Complex Subrogation Case - In the context of handling substantial subrogation claims, the insured frequently will attempt to be made whole by recovering its self-insured retention or other uninsured limits, while at the same time property and workers compensation insurers will seek to protect their subrogation interests. Numerous issues...
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January 01, 2002
Publication - Subrogation & Recovery
Measure of Damages in Property Loss Cases - Subrogation Publications - Proving damages in a large property loss case is often tedious, sometimes complex, and occasionally treacherous. The drudgery of itemizing the damages is difficult enough. The battle over entitlement to economic damages is no less daunting. Once entitlement is established, the weary litigant may have little time or energy left to fully analyze the proper legal standards for recovering those damages. This article is
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January 01, 2002
Publication - Subrogation & Recovery
The Economic Loss Doctrine - Subrogation Publications - THE ECONOMIC LOSS DOCTRINE
A new dump truck’s brakes fail when it is parked and the truck rolls into a guard-rail. The truck is “in the shop” for repairs for three weeks. Can the truck’s owner recover for his lost profit while the truck is being repaired? As a general rule, no. Recovery of such lost profits is barred by the “economic loss doctrine”. This judicially crafted doctrine prohibits tort
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January 01, 2002
Publication - Subrogation & Recovery
Investigating and Prosecuting Building Collapse and Construction Failure Subrogation Claims - Subrogation: Forensic Consultants and Experts - I. INTRODUCTION
Building collapse and construction failure claims represent a significant opportunity for enhancing subrogation revenues. The most common forms of collapse include wind uplift and accumulations of rain or snow. Proper investigation of such incidents, entailing documenting the cause and preserving appropriate evidence, is critical. In addition, it is important to understand the
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January 01, 2002
Publication - Subrogation & Recovery
From The Defense: Why Your Subrogation Claims Are Paid Or Denied - Proof of Damage - This panel presentation will include questions and answers, and a discussion among representatives of major manufacturers, claim representatives for major property insurers, and independent subrogation counsel. The focus of the discussion will be a manufacturer’s consideration and disposition of property damage product liability claims. This paper will facilitate the discussion by identifying the key
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November 29, 2001
Publication - Subrogation & Recovery
Recent Developments in Limitation of Liability - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 9 pgs total. This paper comments on a unique concept of the law that may have unusual and unforeseen results in the area of marine subrogation claims. When vessels on navigable waters collide, strand, or strike shoreside structures, the law that governs ...is Maritime Law. If the damage suffered by one of the vessels is great enough, it is possible for the vessel owner...to limit its liability to any property or cargo owner to zero.
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October 19, 2001
Publication - Subrogation & Recovery - Insurance
Recovery Opportunities in Computer Virus, Hacking and Other Ecommerce Claims - Subrogation and Recovery Alert! - 5 pgs total. Companies have developed products specifically aimed at providing coverage for WebPerils. The products are expressly designed to protect insureds against losses intrinsic to a web presence. The next consideration by claims management will be whether claim payments can be recovered from responsible third parties. The purpose of this paper is to address recovery opportunities for losses resulting from WebPerils.
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January 01, 2001
Publication - Subrogation & Recovery
New Amendments to Expert Rules Take Effect - Subrogation Publications - According to the Advisory Committee Notes, the rule was amended in response to Daubert and Kumho Tire. The purpose of the amendment affirms “the trial court’s role as gatekeeper and provides some general standards that the trial court must use to assess the reliability and helpfulness of proffered expert testimony.”
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January 01, 2001
Publication - Subrogation & Recovery
Electronic Settlement Agreements: Are They Enforceable In Texas? - Subrogation Publications - The use of electronic messaging technologies such as e-mail and instant messaging are transforming legal practice in Texas and throughout the country. Recent surveys have indicated that more than two-thirds of attorneys regularly use e-mail to communicate with their clients and other lawyers. Instant messaging technology, an adjunct to e-mail is now being used by pockets of law firms. It is predicted that within five
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