Getting Along with the Property Insurer – A Practical Approach to Protecting the Rights of Subrogees and Policyholders [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Getting Along with the Property Insurer – A Practical Approach to Protecting the Rights of Subrogees and Policyholders - Subrogation and Recovery - Articles and Papers - 6 pgs total. This article discusses a pragmatic approach whereby the insurer and its policyholder can work together to preserve necessary evidence so that a successful claim can be asserted against responsible third party tortfeasors, while at the same time fairly apportioning rights of recovery from the tortfeasor between the policyholder and insurer. Courts throughout the country which have addressed this issue have come to different conclusions...

Current United States Legal Issues Affecting Connecting Carriage [Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Current United States Legal Issues Affecting Connecting Carriage - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 25 pgs total. In the US, courts are beginning to resolve disputes involving this increasingly complicated web of inter-related contractual obligations for cargo that moves through multiple jurisdictions using a variety of transportation modes. The trend in the US is to enforce lawful contract terms, so long as doing so does not offend public policy and the terms are not unreasonable. It is, therefore, against this backdrop that we address the topic of connecting carriage and US law.

Spoliation of Evidence [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Spoliation of Evidence - Subrogation and Recovery - Articles and Papers - 13 pgs total. This paper covers the various implications of spoliation of evidence. First, the evolution of the spoliation doctrine is explored with particular attention paid to the inferences invoked and sanctions levied by courts... Second, the impact of the concept of spoliation of evidence on the investigation of an insurance claim is explored... A checklist is offered to identify what evidence collection efforts should be taken...

Subrogation and Recovery - Articles and Papers [Subrogation and Recovery Theories of Liability - Recovery in Construction Defect Cases]

Publication - Subrogation & Recovery

Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - Recovery in Construction Defect Cases - Claims involving construction and design defects present unique issues for subrogation recovery. This presentation discusses various considerations surrounding the liability of the various players connected with the construction project...

Subrogation and Recovery - Articles and Papers [Forensic Consultants & Loss Site Investigations - Material Failures of Plastic Plumbing Fixtures and Piping]

Publication - Subrogation & Recovery

Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Material Failures of Plastic Plumbing Fixtures and Piping - There are many subrogation opportunities related to water losses arising from material failures of plastic plumbing fixtures and piping. More of these claims can be expected. A greater number of these losses will occur in the future given the modern use of less expensive plastic components for plumbing fixtures and

Daubert Update [Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations]

Publication - Subrogation & Recovery

Daubert Update - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - 10 pgs total, written in '00; edited '05. Topics: Background:U.S. Supreme Court Decisions; Daubert v. Merrell Dow; General Electric v. Joyner; Kumho Tire v. Carmichael; Daubert Today; The trend is toward increasingly rigid application of the Daubert criteria.; Fire investigators are now under heightened scrutiny.; Trial judges do not have unfettered discretion to exclude expert testimony; Daubert in the State Courts; What is the Ultimate Impact of Daubert and Kumho on Subrogation Recoveries?

Winning Mediation Techniques for Plaintiffs [Subrogation and Recovery - Articles and Papers - Proof of Damages]

Publication - Subrogation & Recovery

Winning Mediation Techniques for Plaintiffs - Subrogation and Recovery - Articles and Papers - Proof of Damages - 6 pgs total. On average 80-95% of all cases which enter mediation settle. Those which do not generally fail due to one of the following: lack of key discovery; a psychological “lock” on positions as contrasted to interests; a lack of key decision makers at the process; reactive devaluation of offers from the other side; or extreme risk aversion. Topics: MEDIATION AND PREPARATION; PRIOR TO THE MEDIATION SESSION; AT THE MEDIATION SESSION; DURING FOLLOW UP; TEN PROVEN WINNING TECHNIQUES

Claims Against Fire Departments in Washington and Oregon [Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation]

Publication - Subrogation & Recovery

Claims Against Fire Departments in Washington and Oregon - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation - 6 pgs total. In evaluating the subrogation potential of a fire loss, occasionally the fire fighting techniques employed by a public entity are called into question. An issue then arises regarding the feasibility of suing the fire department and/or the public entity in control of that fire department for negligent fire fighting techniques or mishandling of the fire scene. This paper will focus on a recent WA case that discusses the issue and also briefly discuss how it applies to cases in OR.

Marine Cargo Claims [Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Marine Cargo Claims - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 18 pgs total. Shipments transported to or from the United States are governed by the U.S. Carriage of Goods by Sea Act (“COGSA”). Topics re: COGSA: Applicability; Notice of Claim; Statute Of Limitations; Establishing A Prima Facie Case; Defenses; Package Limitation; Foreign Jurisdiction Clauses.

Discovering and Protecting Electronic Files [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Discovering and Protecting Electronic Files - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 36 pgs total. Topics: Differences Between Electronic and Paper Information; Growing Importance of Electronic Information; Discoverability of Electronic Data; WHAT CAN BE DISCOVERED: Types of Electronic Data; The “Lazarus Phenomenon”, The Myth of Erased, Deleted, Destroyed and Lost Electronic Evidence; Sources of Hidden Data; HOW TO DISCOVER ELECTRONIC FILES; HOW TO PROTECT ELECTRONIC FILES

An Overview of Key Amendments to the Bankruptcy Code [The Bankruptcy Abuse and Consumer Protection Act of 2005]

Publication - Bankruptcy, Insolvency & Restructuring, Business

An Overview of Key Amendments to the Bankruptcy Code - The Bankruptcy Abuse and Consumer Protection Act of 2005 -

Electronic Signatures in Global and National Commerce Act [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Electronic Signatures in Global and National Commerce Act - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 9 pgs total. This paper summarizes the Electronic Signatures in Global and National Commerce Act “the Act” signed into law by President Clinton on June 30, 2000. The Act encourages electronic commerce by validating the use of electronic signatures, electronic records, electronic notes, and electronic contracts in any transaction affecting interstate commerce. The Act is divided into four Titles which the paper covers.

No ‘Scalito’ Here [Risk & Insurance]

Publication

No ‘Scalito’ Here - Risk & Insurance - Wingnuts, stand down. Supreme Court nominee Samuel G. Alito, Jr. is no agenda-slipping, law-legislating extremist—at least not when it comes to insurance issues. Judge Alito is an intellectual stud more than qualified to become a Supreme Court justice. His delivery of insurance opinions is impressive. He writes with an efficiency and clarity that produces opinions that lawyers call “tight.”

Intense Fighting; Serious Losses. Outcome Uncertain! Dispatches from the Hostile Frontier of Electronic Data Discovery [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Intense Fighting; Serious Losses. Outcome Uncertain! Dispatches from the Hostile Frontier of Electronic Data Discovery - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 42 pgs total, includes Definitions appendix. This article discusses a contentious trend toward electronic data discovery in civil litigation. It considers the implications of this trend for public and private organizations engaged in litigation. The article recommends an immediate course of action that an organization can adopt to minimize the damaging consequences, should an adversary launch a discovery assault on its electronic databases.

Interpreting the Clean Water Act’s Citizen Suit Provision: Successor Landowner Liability for Inactive Mine Discharges in Sierra Club v. El Paso Gold Mines, Inc. [17 Vill. Envtl. L.J. 515]

Publication

Reasonable Accommodations And The ADA [SBN Magazine]

Publication - Labor & Employment

Reasonable Accommodations And The ADA - SBN Magazine -

Regulatory and Legislative Issues in Insurance Law [Thompson Reuters]

Publication - Insurance Coverage - Insurance

Ken Levine was engaged to develop this practitioner’s guide to the major areas of insurance regulation that can affect a program and the methods for navigating this technical mine field, with particular guidance and form agreements and plans for the formation, acquisition, and merger of insurers.

Responding to Discovery Requests for your Electronic Records: Why You Can’t Wait To “Cross That Bridge When You Come To It” [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Responding to Discovery Requests for your Electronic Records: Why You Can’t Wait To “Cross That Bridge When You Come To It” - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 14 pgs total. Topics: A Few Points of Law; Responding to Discovery Requests for Electronic Records; Coping With the Risks and Burdens of Electronic Evidence Discovery

Intercompany Arbitration and Restitution (Intercompany Arbitration and Restitution in Colorado) [Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Intercompany Arbitration and Restitution (Intercompany Arbitration and Restitution in Colorado) - Subrogation and Recovery - Articles and Papers - 16 pgs total. Outline & other materials. Topics in outline: When to Consider Arbitration; Contentions; Evidence; Hearings; Other Tips.

Tennessee Supreme Court Approves Experience-Based Opinions by Engineer [InterFIRE - Breaking Legal Developments]

Publication - Subrogation & Recovery

Tennessee Supreme Court Approves Experience-Based Opinions by Engineer - InterFIRE - Breaking Legal Developments - In Charles Brown v. Crown Equipment Corp., No. W2002 -02228-SC-R11 -CV, Tennessee Supreme
Court, the court found experience based opinions by an engineer acceptable. That court overturned the trial judge who had found the testimony of plaintiff's mechanical engineer and biomechanical engineer
unreliable.