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December 21, 2010
Publication - Subrogation & Recovery - Insurance
When the Toyota Way Went Wrong - The National Law Review - Initially, many companies point the finger at others instead of taking responsibility for the problem. When Toyota heard reports of sudden acceleration in its vehicles, the company first blamed the floor mats, then the throttle pedals, then its pedal supplier, CTS of Indiana.
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December 21, 2010
Publication - Subrogation & Recovery
Use of Breach of Warranty Claims in Pursuing Subrogation Claims - Subrogation White Paper - The primary causes of action available to plaintiffs in typical property damage subrogation cases come from the law of torts with negligence and strict liability claims or the law of contract with breach of contract claims. In certain circumstances, breach of warranty provides an avenue of recovery. There is no single source of warranty law. Rather, there are different strands, some of which are statutory,
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December 21, 2010
Publication - Insurance Coverage, Technology, Privacy & Data Security
The Dos and Don'ts of Navigating the Cloud: a Business Guide for Cloud Computing - Corporate Counsel -
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December 20, 2010
Publication - Subrogation & Recovery - Insurance
That Sinking Feeling: Losses Arising from Sinkholes - Subrogation and Recovery Alert! - Sinkhole claims are emblematic of a number of different loss scenarios that may be one part mother nature and one part human error. The challenge from a subrogation perspective is to recognize and perfect the recovery opportunities arising from these complex claims, including engineering and construction deficiencies that may contribute to the subterranean failure, and to do so in a way that takes into account time bars triggered by statutes of repose.
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December 16, 2010
Publication - Subrogation & Recovery
Subrogation In Year 2000 Losses - Cozen O'Connor Whitepaper - Now that the Year 2000 has arrived, there is an avalanche of opinions concerning the disruptions that are likely to occur as a result of the Year Two Thousand or Y2K. This paper will explore the pursuit of subrogation actions following the payment of property claims that are traced, in whole or in part, to a Y2K source. This paper will not address coverage issues in first party claims. Obviously, because the topic is
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December 16, 2010
Publication - Subrogation & Recovery
Subrogation and The Economic Loss Doctrine: A 50 State Survey - Subrogator - All of the above claim scenarios, or ones similar to them, should be familiar to insurance claims and subrogation professionals. All of them appear to have good subrogation potential. But look again! Each of the above scenarios involves a situation in which the defendant manufacturer was able to avoid liability due to the application of an often-misunderstood doctrine known as the Economic Loss Doctrine (ELD). Being familiar with
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December 16, 2010
Publication - Subrogation & Recovery
Statues of Repose - Cozen O'Connor Whitepaper - Statutes of repose generally bar a cause of action after a specified time period, regardless of whether or not any property damage has occurred within that period. Statutes of repose typically begin to run on the date of a causative event (such as defective construction or negligent manufacture), rather than the date the damages occur. The statute of repose differs from a statute of limitations because a statute
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December 13, 2010
Publication - Subrogation & Recovery
Don't Let Wind Turbine Claims Blow Over: How to Assess Recovery: Subrogation potential exists even when lightning fuels first-party claims - National Underwriter - According to the 2010 U.S. Wind Industry Monitor, significant growth in the use of the wind turbines in the United States is projected over the next several years. Indeed, the U.S. recently surpassed Germany as having the largest usable wind capacity in the world.
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December 12, 2010
Publication - Antitrust & Competition, Business, Health Care & Life Sciences
House Judiciary Hearing Provides Few Answers for ACO Participants - Health Law Alert! - At the recent House Judiciary Committee’s hearing on the effects of antitrust laws in the heath care industry, testimony relating to accountable care organizations (ACOs) was plentiful, but unrevealing. Industry representatives and federal antitrust enforcers agreed that ACOs have the potential to successfully lower costs and improve quality of care, but government witnesses declined to provide a roadmap as to how ACOs may avoid running afoul of the antitrust laws.
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December 09, 2010
Publication - Subrogation & Recovery
Material Failures - Cozen O'Connor Whitepaper - Many losses involve, in one form or another, material failures. In some cases, the material at issue causes the loss. In other cases, the subject material contributes to the size or severity of the loss. In either event, material failures represent an opportunity, albeit sometimes overlooked, for subrogation recovery.
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December 09, 2010
Publication - Subrogation & Recovery
Parties to A Products Liability Action - Subrogation Publications - Individuals, corporations, and other business entities may allege strict product liability tort claims. A strict product liability plaintiff, whether an individual or a business, must allege personal injury and/or property damage caused by the product defect. As described previously herein, the product liability plaintiff need not be the purchaser of the product and need not be in privity with the defendant.
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December 09, 2010
Publication - Subrogation & Recovery - Insurance
Natural Catastrophes: Recovering Damages in the Afterman of Disaster - Subrogation and Recovery Alert! - A hurricane sweeps across the Southeast shattering its structures. Fires rage through the West ravaging the landscape. A flood runs through the Midwest ruining crops and city buildings. A blizzard blasts through the Northeast bringing businesses to the brink of bankruptcy. Lives are lost, and livelihoods. Whole industries take a hit, the insurance industry in particular.
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December 08, 2010
Publication - Subrogation & Recovery
Investigaiton and Analysis of Subrogation Claims Arising from Spontaneous Combustion and Chemically Induced Fires - Cozen O’Connor Technical Handbook - At one time or another, most claim professionals encounter fires caused by spontaneous combustion. Some of these losses involve well known auto-igniters, such as products containing boiled linseed oil. The February 1991 fire at One Meridian Plaza, for example, was ignited by spontaneous combustion of oily rags; this tragic loss caused over $100 million in property damage and cost three Philadelphia firefighters their
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December 04, 2010
Publication - Subrogation & Recovery
Infrastructure Failures - Regional Updates in Subro Law and Litigation - I. MUNICIPAL INFRASTRUCTURE INCLUDES VARIOUS SUPPORT SYSTEMS AND STRUCTURES SUCH AS WATER DISTRIBUTION SYSTEMS, SANITARY SEWAGE, ELECTRICITY, TRANSPORTATION, SUBWAYS, HIGHWAYS, STREETS, ETC.
A. Infrastructure failures may be directly related to utilization, age and maintenance protocols.
B. Infrastructure development was piecemeal
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December 02, 2010
Publication - Subrogation & Recovery
Avoiding Daubert Challenges ... and Surviving Them When You Can't - Subrogation and Recovery Powerpoint -
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December 01, 2010
Publication - Subrogation & Recovery
Can Contribution Claims Be Asserted Against a Tortfeasor Otherwise Immune To A Direct Subrogation Action? - Subrogation Publications - Approach One: Contribution May Be Pursued
The Superior Court of Delaware handled a similar issue involving a contribution claim and whether it was barred by the anti-subrogation rule. Great Am. Assurance Co. V. Fisher Controls Int'll, Inc., 2003 WL 21901094 (Del. Super. Aug. 4, 2003). In that case, plaintiff insurer sued several defendants for a loss at a refinery. Those defendants sought contribution from another
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December 01, 2010
Publication - Insurance Coverage, Subrogation & Recovery
Form and Substance of a California Government Tort Claim - Regional Updates in Subro Law and Litigation - The 1963 California Tort Claims Act established uniform procedures for claims against public entities and public employees. The California Tort Claims Act establishes certain conditions prior to the filing of a lawsuit against a public entity. It is imperative that a claimant be aware of the requirements under the Torts Claim Act, as the unwary claimant may find their cause of action barred for failure to comply with the
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November 30, 2010
Publication
Third Circuit Sends Mixed Messages on Class Action Settlements - The Legal Intelligencer - The Third Circuit has issued three decisions, within a three-month span, about class
action settlements. The three cases send different signals about the trial court’s role in reviewing
class action settlements.
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November 29, 2010
Publication - Subrogation & Recovery - Insurance
New Expert Report and Communication Rules in Federal Court Cases - Subrogation and Recovery Alert! - Draft expert reports can be a trap for the unwary, often resulting in drafts not being protected from discovery by opposing parties. Under recently amended Federal Rule 26 for Federal cases, draft expert reports now are discoverable when counsel is not involved. The converse is the lesson of the day: draft reports are privileged when prepared at the request of counsel. This Alert discusses these important new amendments to Federal Rule 26, and their impact on expert disclosures.
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November 29, 2010
Publication - Subrogation & Recovery
Deductive Reimbursement: Insurer, Insured and Priority in Recovery Proceeds - Who Gets What and When - Subrogation and Recovery Theories of Liability - In handling recovery matters, issues constantly arise concerning deductibles, uninsured losses and additional claims that may be or are asserted by insureds. There may be legitimate uninsured losses sustained by an insured when there is insufficient coverage for the risk. There may be claims that, asserted at law, are subject to standards and measures of damage that differ greatly from the insurer’s contractual indemnity
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