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January 01, 2004
Publication - Subrogation & Recovery
Florida’s Residential Construction Claims Act - Subrogation Publications - What Is the Statutory Authority?
Florida Statute §558.001 et seq. enacted May 27, 2003 and amended July 1, 2004.
What Does It Require Generally?
The act requires that a homeowner who desires to bring a claim against a contractor for a residential building defect must comply with certain pre-suit notice requirements and a contractor must provide certain responses.
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January 01, 2004
Publication - Subrogation & Recovery
Time Limitations in Property Claims - Subrogation Publications - 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.
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January 01, 2004
Publication - Subrogation & Recovery
Time Limitations in Property Claims Chart - Jurisdictional Charts -
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December 23, 2003
Publication - Subrogation & Recovery - Insurance
The Malfunction Theory: Establishing Product Liability Without Proof of a Specific Defect - Subrogation and Recovery Alert! - 4 pgs total. The malfunction theory can be used to effectively establish the inherent defect element of a product liability claim when the damage to the product caused by the product failure renders the remains of the product useless as physical evidence. The malfunction theory is most effective when the product involved is relatively new. The plaintiff must prove that the product was inherently defective and that the defect in the product caused the injury or damage.
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November 20, 2003
Publication - Subrogation & Recovery - Insurance
Colorado: New Notice Requirements For Claimant When Filing a Third Party Action and Codification of Specific Benefits To Which the Insurer is Subrogated - Subrogation and Recovery Alert! -
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November 01, 2003
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - The Natural Catastrophies Handbook: An Overview and Jurisdictional Survey of Subrogation Issues in the Disaster Context -
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October 30, 2003
Publication - Subrogation & Recovery - Insurance
Southern California Wildfires: Overview of Liability and Causation Issues - Subrogation and Recovery Alert! - 3 pgs total. Causes of most of the fires are unknown at present. The major fronts are in Ventura, San Bernardino and San Diego counties. Topics: San Diego County: Roblar/Pendleton Fire; Paradise Fire; Otay Fire; Cedar Fire. San Bernardino County: Grand Prix/Old Fire. Ventura, Los Angeles Counties: Piru Fire; Simi/Verdale Fire; Riverside County; Mountain Fire.
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October 08, 2003
Publication - Subrogation & Recovery - Insurance
The Great Blackout of 2003 – A Summary of the Investigation to Date - Subrogation and Recovery Alert! - 4 pgs total. A task force was convened to review blackout claims with an eye towards potential recovery. A short summary of the Task Force’s investigation to date is being circulated via this Subrogation & Recovery Alert. Topics: Facts; The Power Grid; The Causes of the Blackout of 2003; The Law and Policy Considerations
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October 01, 2003
Publication - Subrogation & Recovery - Insurance
Hurricane Isabel: A Preliminary Factual and Legal Analysis of the Subrogation Issues - Subrogation and Recovery Alert! - 19 pgs total. 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 NC and VA law. Topics: THE STORM AND ITS CONSEQUENCES; SUBROGATION ISSUES: Overview of Hurricanes and Their Offspring; Overview of Liability in the Disaster Context; Liability of Adjoining Landowners for Debris Damage; The Act of God Defense.
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August 28, 2003
Publication - Subrogation & Recovery
Product Liability Law: Basic Theories and Recent Trends - Subrogation and Recovery - Articles and Papers - 12 pgs total. Special attention given to South & North Carolina. What does it take to prove a product liability claim? Just because a fire or flood emanates from a product, does it necessarily follow that the manufacturer is liable for the damages that result? This article provides an overview of the standards for proving a claim of product liability against the seller or manufacturer of the product, including a discussion of some of the emerging trends in product liability law.
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August 19, 2003
Publication - Subrogation & Recovery - Insurance
When the Lights Go Out – Enforceability of Exculpatory Provisions in Utility Tariffs - Subrogation and Recovery Alert! - 4 pgs total. It has long been accepted that public utilities may disclaim or limit their liability for losses caused by their own conduct. A subrogating carrier may be able to circumvent tariff defenses by utilizing several strategies. While utilities are effectively insulated from liability for purely economic losses caused by service interruptions resulting from their own negligence, factual scenarios presented by typical subrogation cases may be beyond the scope of tariff disclaimers.
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July 16, 2003
Publication - Subrogation & Recovery - Insurance
The Volunteer Defense - Subrogation and Recovery Alert! - 3 pgs total. The volunteer defense is most often invoked by opponents who know little about property insurance claims and subrogation. Subrogation defendants typically attempt to pursue a volunteer defense in circumstances where there was a dispute or compromise regarding coverage or scope with respect to the first-party claim, although the defense may sometimes attempt to raise coverage arguments that were not even considered during the adjustment of the claim.
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July 01, 2003
Publication
Efforts by the board of a cooperative building to terminate the proprietary lease of a tenant-shareholder have traditionally been a costly and protracted process. A decision by the Court of Appeals in May appears to have removed some of the obstacles, but it is likely to raise new questions about the overall policies that govern the operations of any cooperative, as well as the certainty of tenant-shareholders' possessory rights under the proprietary losses.
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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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