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November 06, 2002
Publication - Subrogation & Recovery - Insurance
Post Loss Adjustment Releases Between Insurer & Insured - Subrogation and Recovery Alert! - 5 pgs total. As part of the adjustment of a loss, an insurer will sometimes require the insured to sign a release in exchange for the settlement proceeds under the policy. It is critically important, however, that any release entered into during the adjustment stages between an insured and the insurer does not also contemporaneously release the tortfeasor in a subsequent subrogation claim.
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July 15, 2002
Publication - Subrogation & Recovery - Insurance
Prosecuting Claims Against Motor Truck Common Carriers - Subrogation and Recovery Alert! - 4 pgs total. The I.C.C. Termination Act abolished the Interstate Commerce Commission and replaced it with the Surface Transportation Board. Virtually all regulation of trucking freight rates was ended, with the exception of those companies involved in the transportation of household goods. Topics: PREPARING A VALID NOTICE OF CLAIM; INVESTIGATION OF THE CLAIM; POTENTIAL DEFENSES; PROVING DAMAGES; LIMITATION OF LIABILITY; SHIPMENTS MADE UNDER OCEAN BILL OF LADING; STATUTE OF LIMITATIONS
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June 14, 2002
Publication - Subrogation & Recovery
Life of a Complex Subrogation Case - Subrogation and Recovery - Articles and Papers - 38 pgs total. Corporate America is increasingly faced with complex insurance programs. Large self-insured retention limits are now used as a tool to reduce premiums on insurance policies while still providing insurance coverage at a level that is comfortable for the insured’s particular circumstances. The fear of lost profits often dictates a course of action directed towards resuming business without concern for potential third party recovery.
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May 23, 2002
Publication - Subrogation & Recovery - Insurance
Subrogation in Canada - Subrogation and Recovery Alert! - 9 pgs total. As a result of our recent affiliation with Perley-Robertson, Hill & McDougall in Ottawa, Canada, Cozen O'Connor is uniquely equipped to handle your subrogation claims in Canada. The following discussion is intended to provide a comprehensive overview of the applicable law and procedures in Canada relating to the filing and prosecution of subrogation claims.
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January 13, 2002
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - A Practicum on Identifying Potential Conflicts of Interest and Charting a Course for Ethical Behavior in the Context of the Complex Subrogation Case - In the context of handling substantial subrogation claims, the insured frequently will attempt to be made whole by recovering its self-insured retention or other uninsured limits, while at the same time property and workers compensation insurers will seek to protect their subrogation interests. Numerous issues...
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January 01, 2002
Publication - Subrogation & Recovery
Measure of Damages in Property Loss Cases - Subrogation Publications - Proving damages in a large property loss case is often tedious, sometimes complex, and occasionally treacherous. The drudgery of itemizing the damages is difficult enough. The battle over entitlement to economic damages is no less daunting. Once entitlement is established, the weary litigant may have little time or energy left to fully analyze the proper legal standards for recovering those damages. This article is
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January 01, 2002
Publication - Subrogation & Recovery
The Economic Loss Doctrine - Subrogation Publications - THE ECONOMIC LOSS DOCTRINE
A new dump truck’s brakes fail when it is parked and the truck rolls into a guard-rail. The truck is “in the shop” for repairs for three weeks. Can the truck’s owner recover for his lost profit while the truck is being repaired? As a general rule, no. Recovery of such lost profits is barred by the “economic loss doctrine”. This judicially crafted doctrine prohibits tort
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January 01, 2002
Publication - Subrogation & Recovery
Investigating and Prosecuting Building Collapse and Construction Failure Subrogation Claims - Subrogation: Forensic Consultants and Experts - I. INTRODUCTION
Building collapse and construction failure claims represent a significant opportunity for enhancing subrogation revenues. The most common forms of collapse include wind uplift and accumulations of rain or snow. Proper investigation of such incidents, entailing documenting the cause and preserving appropriate evidence, is critical. In addition, it is important to understand the
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January 01, 2002
Publication - Subrogation & Recovery
From The Defense: Why Your Subrogation Claims Are Paid Or Denied - Proof of Damage - This panel presentation will include questions and answers, and a discussion among representatives of major manufacturers, claim representatives for major property insurers, and independent subrogation counsel. The focus of the discussion will be a manufacturer’s consideration and disposition of property damage product liability claims. This paper will facilitate the discussion by identifying the key
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November 29, 2001
Publication - Subrogation & Recovery
Recent Developments in Limitation of Liability - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 9 pgs total. This paper comments on a unique concept of the law that may have unusual and unforeseen results in the area of marine subrogation claims. When vessels on navigable waters collide, strand, or strike shoreside structures, the law that governs ...is Maritime Law. If the damage suffered by one of the vessels is great enough, it is possible for the vessel owner...to limit its liability to any property or cargo owner to zero.
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October 19, 2001
Publication - Subrogation & Recovery - Insurance
Recovery Opportunities in Computer Virus, Hacking and Other Ecommerce Claims - Subrogation and Recovery Alert! - 5 pgs total. Companies have developed products specifically aimed at providing coverage for WebPerils. The products are expressly designed to protect insureds against losses intrinsic to a web presence. The next consideration by claims management will be whether claim payments can be recovered from responsible third parties. The purpose of this paper is to address recovery opportunities for losses resulting from WebPerils.
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January 01, 2001
Publication - Subrogation & Recovery
New Amendments to Expert Rules Take Effect - Subrogation Publications - According to the Advisory Committee Notes, the rule was amended in response to Daubert and Kumho Tire. The purpose of the amendment affirms “the trial court’s role as gatekeeper and provides some general standards that the trial court must use to assess the reliability and helpfulness of proffered expert testimony.”
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January 01, 2001
Publication - Subrogation & Recovery
Electronic Settlement Agreements: Are They Enforceable In Texas? - Subrogation Publications - The use of electronic messaging technologies such as e-mail and instant messaging are transforming legal practice in Texas and throughout the country. Recent surveys have indicated that more than two-thirds of attorneys regularly use e-mail to communicate with their clients and other lawyers. Instant messaging technology, an adjunct to e-mail is now being used by pockets of law firms. It is predicted that within five
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January 01, 2001
Publication - Subrogation & Recovery
Regional Subrogation Practice Update: Mid-Atlantic Region - Regional Updates in Subro Law and Litigation - I. SPOLIATION OF EVIDENCE
Spoliation is the destruction or alteration of material evidence. Spoliation arises in products liability cases when evidence is lost, altered, or destroyed during investigation or testing. Spoliation also may be an issue in fire cases when important fireground artifacts have been intentionally destroyed or negligently not preserved.
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January 01, 2001
Publication - Subrogation & Recovery
The Daubert Challenge for Experts in Subrogation Cases: Is the Sky Really Falling? - Subrogation Publication - I. INTRODUCTION
The U.S. Supreme Court’s decision in Daubert v. Merrill Dow, Inc., 113 S.Ct. 2786 (1993) has created yet another hurdle for subrogation professionals. Daubert and the more recent Kuhmo Tire Company v. Carmichael, 119 S.Ct. 1167 (1999) decision increasingly are being utilized by the defense bar and liability specialists. Numerous journals, articles, seminars and even week-long
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January 01, 2001
Publication - Subrogation & Recovery
Cozen O'Connor Technical Handbook: Advanced Theories of Subrogation and Recovery - Theories of Subrogation - It is fundamental that three elements are necessary to support combustion: heat; oxygen; and fuel. Indeed, the fire triangle’s dependence on all three of its sides is recognized and utilized in firefighting efforts, which typically target one or more of these elements in an effort to control, contain and extinguish fires. In recent years, it has been recognized that open
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January 01, 2001
Publication - Subrogation & Recovery
Regional Subrogation Practice Update Law and Procedure: Connecticut and New York - Subrogation Publications - I. SPOLIATION OF EVIDENCE
Spoliation is defined as the destruction of material evidence. Spoliation arises when evidence is lost, altered, or destroyed during testing. In fire loss cases, spoliation may be alleged when a party to a lawsuit fails to preserve or intentionally destroys fire artifacts. Sanctions for destruction of evidence vary, but typically may include: an adverse
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January 01, 2001
Publication - Subrogation & Recovery
Regional Update on Subrogation Practice Law and Procedure in the Southeastern U.S. - Cozen O'Connor Whitepaper - Cozen O'Connor was founded on the belief that we can obtain significant recoveries for our clients by aggressively pursuing subrogation claims. It is this philosophy that has made us a leader in the subrogation field. Changing areas of law can dramatically affect the chances for success in a subrogation case. The topics in this article - sanctions for spoliation; waivers of subrogation and exculpatory clauses; the Economic Loss Rule;
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December 01, 2000
Publication - Subrogation & Recovery
Tort Law Update - Regional Updates in Subrogation Law and Litigation - The Supreme Court recently addressed the issue of causation as a necessary component of a failure to warn claim under Washington’s Product Liability Act, RCW 7.72 et seq. The case of Soproni v. Polygon Apartment Partners, 137 Wn.2d 319, 971 P.2d 500 (1999), involved claims against the manufacturer of a window system. Twenty-month-old Daniel Soproni apparently had a habit of opening and closing his parents’ second floor
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May 15, 2000
Publication - Subrogation & Recovery
Overview of Marine, Interstate and Intermodal Claims, Information and Documents Needed for Recovery and Examples of Transit Documents - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 21 pgs total. Topics: OVERVIEW OF LAW GOVERNING OCEAN MARINE CLAIMS; LAW GOVERNING INTERSTATE CLAIMS; LOSSES ARISING UNDER INTERMODAL BILLS OF LADING; INFORMATION AND DOCUMENTS NEEDED FOR RECOVERY; Examples Of Transit Documents
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