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January 01, 2005
Publication - Subrogation & Recovery
Insurance Coverage Issues: Subrogation - Subrogation Publications - Insurance Coverage - Subrogation Considerations
I. Trigger Under Colorado Law
A. Construction Defect Context:
1. Public Service Co. of Colorado v. Wallis and Cos., 986 P. 2d 924 (Colo. 1999)
2. American Employer's Ins. Co. v. Pinkard Construction Co., 806 P.2d 954 (Colo. App. 1990).
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January 01, 2005
Publication - Subrogation & Recovery
Ignorance of the Law is No Excuse: A Law Student's Perspective on Developing Legal Information Literacy - Canadian Law Library Review - Like many eager, wide-eyed students before me, I entered law school with the misguided notion that the purpose of a law degree was to learn 'The Law.' Now, looking back with the hindsight sharpened by a $40,000 (plus interest) education, I have come to realize the grave extent of this fallacy. I was not ultimately meant to learn the damages rule in Hadley v. Baxendale, nor wonder at how poor Mrs. Donahue's "neighborhood" became
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December 02, 2004
Publication - Subrogation & Recovery - Insurance
Construction Defect Claims: Legal Considerations in Idaho, Oregon and Washington - Subrogation and Recovery Alert! - 11 pgs total. The following is a summary of the law of Washington, Oregon, and Idaho on three issues that are common to construction defect claims: (1) notice of claim statutes, (2) statutes of repose, and (3) warranties of workmanlike performance.
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November 22, 2004
Publication - Subrogation & Recovery - Insurance
Update on Builder Friendly Construction Acts - Subrogation and Recovery Alert! - 6 pgs total. This article surveys the new builder-friendly construction acts in Georgia, Mississippi, Tennessee and Hawaii, and reports on several recent opinions in construction act cases. The complete survey of all twenty states, including all recent amendments, is entitled “When the Dream House Becomes a Nightmare: A Survey of the Recent Spread of ‘Builder Friendly Construction Acts’ in the U.S.” and is available upon request.
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November 01, 2004
Publication - Subrogation & Recovery
Burning Issues in Fire Subrogation - Claims Magazine - November 2004 - 3 pgs. This article discusses important subrogation issues in handling fire claims. These include preventing evidence spoliation, getting experts, properly documenting the scene, and dealing with mold claims.
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October 22, 2004
Publication - Subrogation & Recovery - Insurance
Hurricanes Charley & Frances: Overview of Code Requirements and Engineering Considerations for Subrogation Opportunities - Subrogation and Recovery Alert! - 4 pgs total. The 2001 Florida Bldg Code addresses design wind speeds by referencing Ch. 6 of ASCE-7. For commercial structures, the question of whether or not the structure could have resisted code winds may be determined by evaluating the main wind force resisting systems that were in place prior to the storm. For residential structures, the question of determining if the structure was adequate for code specified winds may be a more complex issue.
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September 15, 2004
Publication
Menachem J. Kastner writes that, notwithstanding the Court of Appeals' Pullman holding, a Manhattan judge recently determined that the business-judgment rule did not apply to a board's decision and held that respondent's conduct was subject to judicial review.
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September 09, 2004
Publication - Subrogation & Recovery - Insurance
Hurricane Frances: A Subrogation Guideline - Subrogation and Recovery Alert! - 5 pg, bullet outline. Topics: INITIAL CHECKLIST FOR STRUCTURAL DAMAGE; LEGAL OBSTACLES; KEY ITEMS TO OBTAIN/RETAIN; PARTICULAR DESIGN, INSTALLATION, AND MATERIALS ISSUES TO
CONSIDER.
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August 01, 2004
Publication - Subrogation & Recovery - Insurance
Hurricane Charley: A Preliminary Factual and Legal Analysis of the Subrogation Issues - Subrogation and Recovery Alert! - 37 pgs total, includes photos and table of contents. 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 the law of Fl, Ga, SC, NC, and Va. Topics: OVERVIEW OF THE SUBROGATION ISSUES: Overview of Hurricanes and Their Offspring; Overview of Liability in the Disaster Context; Overview of Negligent Preparedness and Response Issues.
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August 01, 2004
Publication
In June 2001, the Bush administration withdrew an earlier campaign pledge to support the Kyoto Protocol, claiming that the treaty was fatally flawed in not requiring China and India to reduce carbon dioxide (CO2) emissions and that the science underpinning the treaty was not yet definitive enough to justify the costs of compliance.
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June 14, 2004
Publication - Subrogation & Recovery - Insurance
Excluding Comparative Fault Evidence in the Fire Spread Case - Subrogation and Recovery Alert! - 4 pgs total. The argument for exclusion of the plaintiff’s, or the plaintiff’s insured/subrogor’s comparative fault in causing the fire in a fire spread case is a veritable Trifecta for subrogation professionals: it is logical; it is fair and it helps maximize subrogation recoveries.
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June 07, 2004
Publication - Subrogation & Recovery
Recall Information - 6/07/2004 - Interfire -
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May 12, 2004
Publication - Subrogation & Recovery - Insurance
Limitations Act, 2002 - Subrogation and Recovery Alert! - 1 pg total, focus on Ontario. In 2004, the Ontario Limitations Act, 2002, came into force. This new statute represents an enormous reform of the existing law of limitations in the province. It is a substantial improvement over the old legislation and will make the law of limitations in Ontario more intelligible to both lawyers and clients.
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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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