Recent News & Publications
Search News & Publications
December 19, 2005
Publication - Subrogation & Recovery
Colorado Subrogation Update - Subrogation and Recovery - Articles and Papers - 8 pgs total. CDARA (Colorado Construction Defect Action Reform Act) Some defense attorneys have successfully argued that subrogation claims must be brought within 90 days of final “settlement” in construction cases. Subrogation attorneys argue that the legislature did not intend for the statute to be interpreted this way, and a Supreme Court decision from January of this year should assist in arguing that the statute does not require subrogation claims be made within 90 days of final payment.
Tweet
December 05, 2005
Publication - Subrogation & Recovery
SEC Issues Questions and Answers Regarding the Securities Offerings Reform - Securities Offerings and Regulations Alert! -
Tweet
December 05, 2005
Publication - Subrogation & Recovery
Blanket Manufacturer Not Liable for Fire Based on Failure of Expert to Rule out Other Potential - InterFIRE - Breaking Legal Developments - In Bryte v. American Household, No. 04-1051, Fourth Circuit Court of Appeals, (Nov. 21, 2005), the court reviewed a product liability action involving allegations of a product defect. On October 23, 2000, Lova Bryte died in a fire in her Preston County, West Virginia apartment. She was using an electrically heated throw at the time of the fire. Several weeks later, plaintiffs, Mrs. Bryte's personal representative and relatives, brought this
Tweet
December 01, 2005
Publication - Subrogation & Recovery
The Magic of Privity in Express Product Warranty Claims: A Plaintiff’s Perspective - The Florida Bar Journal - The law of Florida is increasingly clear on at least one point in the product liability arena. Implied warranties are generally not enforceable if there is no privity between the claimant and the manufacturer (with some exceptions). But what of express warranties? Indeed, what of express manufacturer warranties that come with the product to the first retail purchaser? Surely, an express, written product warranty with
Tweet
November 18, 2005
Publication - Subrogation & Recovery
Understanding the Anti-Subrogation Doctrine - Subrogation and Recovery - Articles and Papers - 3 pgs total. The anti-subrogation doctrine is a defense to subrogation claims based upon the logical conclusion that an insurance company standing in the shoes of its insured cannot sue that insured. The defense is also known as the “suing your own insured” doctrine. The defense includes the implied co-insured doctrine and “economic waste” doctrine recently articulated in Connecticut. Topics: Typical Fact Situation; Practice Tips
Tweet
November 18, 2005
Publication - Subrogation & Recovery
Arkansas Court Upholds Expert's Exclusion for Failure to Rule Out Other Causes of Fire - InterFIRE - Breaking Legal Developments - In Nationwide Mutual Insurance Company v. Fleetwood Homes of Tennessee, Inc., (Nov. 11, 2005) Court of Appeals of Arkansas, Division One (unpublished), Appellant Nationwide Mutual Fire Insurance Company brought a products liability action against appellee Fleetwood Homes of Tennessee, Inc. Fleetwood moved for summary judgment, and the trial court granted its motion. Nationwide appeals the trial court's order, arguing two points on appeal
Tweet
November 18, 2005
Publication - Subrogation & Recovery
Applying Daubert and Kumho Tire to Experts in Fire Cases - Subrogation and Recovery - Articles and Papers - 16 pgs total. Before the Supreme Court's '99 decision in Kumho Tire, there was some disagreement in the courts concerning the applicability of Daubert to experts typically used in fire cases. Kumho established that the trial judge's gatekeeping role applies to all expert testimony, rendering the scientific versus non-scientific distinction moot. Cases covered: Weisgram v. Marley, Pride v. BIC, Smith v. Ford, Polizzi Meats v. Aetna, U.S. v. Wolf, Thurman v. Missouri Gas Energy
Tweet
November 18, 2005
Publication - Subrogation & Recovery - Insurance
The Aftermath of Rita and Katrina: Where Do We Go From Here - Subrogation and Recovery Alert! - 7 pgs of text. This Alert is offered to help you handle claims efficiently and effectively and to advise you as to what information will be needed to conduct a thorough subrogation analysis. This Alert provides additional information to assist you and your catastrophe-loss adjusters on the ground in making preliminary determinations as to which claims might be viable from a subrogation perspective, and which claims will likely be barred by the Act of God or other defenses.
Tweet
October 28, 2005
Publication - Subrogation & Recovery
Fire Blanket Manufacturer not Liable for Failure to Warn - InterFIRE - Breaking Legal Developments - In Koken v. Black & Veatech,the First Circuit Court of Appeals reviewed judgment in favor of a fire blanket manufacturer. On May 17,
1999, a fire occurred during a torch-cutting operation performed as part of a construction project in Maine. A fire blanket had been used to protect the area beneath the welding.
Tweet
October 26, 2005
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Overview of Environmental Recovery Issues - When an insurer is hit with an environmental loss the ability to pursue recovery from potentially responsible parties should be carefully investigated. In many ways environmental losses are no different than other property losses.
Tweet
October 13, 2005
Publication - Subrogation & Recovery
Subrogating Against a Tenant: A Discussion of the Implied Co-Insurance Doctrine in the Northwest - Subrogation and Recovery - Articles and Papers - 10 pgs total. As an “implied” insured, the tenant is legally immune from the landlord’s property carrier’s subrogation action under the same principle that prevents that carrier from subrogating against its named insured landlord. This theory is referred to as the implied coinsurance doctrine. Topics: Background on the Implied Co-Insurance Doctrine; Understanding How Lease Provisions May Affect Subrogation Rights; The Implied Co-Insurance Doctrine in the Northwest
Tweet
October 13, 2005
Publication - Subrogation & Recovery
Time Limitations In Property Claims - Subrogation and Recovery - Articles and Papers - 5 pgs total. 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. For additional reference, see a chart outlining several limitation periods of the provinces and territories.
Tweet
October 13, 2005
Publication - Subrogation & Recovery
Managing the Business of Recovery Litigation - Subrogation and Recovery - Articles and Papers - 20 pgs total (International – Canada). This paper examines a number of issues relating to the conduct of recovery actions in Canada. This paper focuses on cases with sufficient money at stake wherein a more comprehensive effort to pursue recovery is warranted. In our firm, we use the benchmark of $100,000 as being the rule-of-thumb dividing these categories of cases. The point being examined is how insurers can go about obtaining the best results in the most cost-efficient fashion.
Tweet
October 10, 2005
Publication - Subrogation & Recovery
Going Global: A Guideline To Subrogation Outside the United States - Subrogation and Recovery Alert! - 5 pgs total, Internationally focused. Loss outside of U.S. jurisdiction can present legal principles that may be uncharted territory for many claims handlers. The following is intended to serve as a road map for understanding the basic subrogation principles of various foreign jurisdictions. Topics: COMMON LAW SYSTEMS V. CIVIL CODE SYSTEMS; THE PRINCIPLE OF "LOSER PAYS"; STATUTES OF LIMITATIONS: PRESCRIPTION PERIODS; USE OF EXPERTS; THE TRIER OF FACT
Tweet
October 01, 2005
Publication - Subrogation & Recovery
Fall/Winter 2005-2006 - Subrogation and Recovery Observer - Subrogation and Recovery Observer
Tweet
September 20, 2005
Publication - Subrogation & Recovery - Insurance
Tempering the Storm: Subrogation in the Wake of Hurricane Katrina - Subrogation and Recovery Alert! - 9 pgs total. This paper serves an initial analysis of the factual and legal issues affecting your subrogation opportunities with emphasis on Federal, Louisiana, Mississippi and Alabama law. This paper does not address coverage issues or all issues relating to subrogation arising from catastrophic losses.
Tweet
September 20, 2005
Publication - Subrogation & Recovery
An Overview of Cutting Edge Developments in Canadian Insurance Litigation - Canadian Property Insurance Update - 120 pgs. This booklet contains written versions of presentations by a number of Canadian lawyers on Canadian property insurance issues.
Tweet
September 16, 2005
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Overview of Subrogation and Recovery Issues - It is not possible to devise a comprehensive checklist that spells out the activities or procedures that should or must be performed in investigating each and every fire, building collapse or other property loss investigation. Experience and common sense suggest certain procedures that are generally desirable to follow in the investigation of any ...
Tweet
September 16, 2005
Publication - Subrogation & Recovery
Federal Government not Liable for Failure to Maintain Firebreaks they Delegated to Independent - InterFIRE - Breaking Legal Developments - In Autery v. United States, No. 04-35105, (Sept. 12, 2005), the Ninth Circuit Court of Appeals reviewed actions arising out of a wildfire in Washington State.
The suit sought substantial damages, alleging,
among other things, negligence against the United States in not maintaining firebreaks. The district court dismissed based upon the FTCAs independent-contractor and discretionary -function exceptions.
Tweet
September 08, 2005
Publication - Subrogation & Recovery - Insurance
Spinning Out of Control: Ford Recalls an Additional 3.8 Million Vehicles Containing the Defectively Designed Speed Control Deactivation Switch - Subrogation and Recovery Alert! - 11 pgs total. For several years, Ford's speed control deactivation switch - a tiny component part, not much bigger than a sparkplug, has been burning down homes across the country. And as of September 7, 2005, it is now the subject of the one of the largest recall campaigns in the history of the automotive industry. Topics: Recall Campaign; The "Expanded Investigation"; The Media Blitz; The Recall of September 2005; The "Root Cause"; The Symptoms; Judicially Declared Defect.
Tweet