Recent News & Publications
Search News & Publications
January 13, 2000
Publication - Subrogation & Recovery
Recent Trends in Product Liability Losses - Subrogation and Recovery - Articles and Papers - 13 pgs total. This article provides information about a few products that have repeatedly been the subject of product liability investigations... The basics of product liability law are also briefly summarized, including a list of defenses to a product liability case, which may be used by the manufacturer of a recalled product. This article provides practical guidelines for how insurers...can help ensure that a subrogation suit involving a product liability claim can be maintained.
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Regional Update On The Ecomic Loss Doctrine - Subrogation Publications - This seminar, Regional Update on the Economic Loss Doctrine, and written materials address the economic loss doctrine as its stands today in several jurisdictions. These written materials provide you with a general overview of the economic loss doctrine, specifically address recent trends in the Midwest, and provide a status update on the economic loss doctrine in
Tweet
January 01, 2000
Publication - Subrogation & Recovery - Insurance
Construction Defect Recover Issues - Subrogation Publications - As soon as it is determined that there is coverage for your insured’s property, the next inquiry is whether subrogation is possible for the loss. This paper will address the claims where it becomes clear there was some improper construction or construction defect that caused the loss.
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Insurance Coverage For The Year 2000: Computer Problem - Subrogation Publications - When computers first came into being in the early 1960’s, computer memory was a relatively expensive commodity. As a result, most computer languages and the software applications that employed those languages used a 6-digit format for inputting dates. This is frequently abbreviated as MM/DD/YY; two digits and only two digits were used to input the month (M), the day (D), and the year (Y). The software
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Handling a Complex Marine Subrogation Matter: The Brightfield Allison - Subrogation Publications - Good morning, as noted, my name is Ray Letulle and I am a member of the firm that is your host today. I spent my undergraduate years at the United State Merchant Marine Academy which is located in Long Island at Kings Point, New York. One year of my education included sailing as a cadet on various merchant vessels which sailed to Europe, South America, South Africa and the Mediterranean. After graduation, I sailed as a
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Proration Agreements - Analysis And Recommendations - Subrogation Publications - The issue of proration of the proceeds of subrogation arises because the standard fire insurance policy typically contains no language that explains how the recovery from a responsible third party is to be shared.
When an insured has a substantial deductible, suffers a coinsurance penalty, is underinsured or lacks insurance for damages recoverable against a tortfeasor, an issue of how proceeds are to be
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Advanced Theories of Subrogation - Theories of Subrogation - In recent years, the insurance industry has faced catastrophic property losses all across this Country. Beyond the ordinary commercial and residential fires, the insurance industry has been confronted with hurricanes, earthquakes, massive floods, unprecedented ice storms and widespread fires. In each of these incidences, the cause of the property losses may, at first blush, be attributed to an Act of God or an
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Loss Site Investigations - An Overview - Subrogation Publications - I. Introduction
A. Overview of Presentation
B. Special Focus:
1. Elimination of other reasonable potential causes for a loss.
2. Spoliation of evidence and evidence retention.
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Y2K: The First Party Property Perspective - Subrogation Publications - Much has been written about the potential for insurance claims arising from Y2K-related losses. The following article explores several of the key considerations and issues that will no doubt surface in connection with first party property claims traceable to the Year 2000 problem.
1. Fortuity
For most typical property forms, coverage is
Tweet
January 01, 2000
Publication - Subrogation & Recovery
THEORIES OF LIABILITY IN SUBROGATION CASES - Subrogation Publications - I. BACKGROUND
A. THE NEED TO FULLY DEVELOP OPERATIVE FACTS RELEVANT TO CAUSE AND ORIGIN
B. INTRODUCTION TO THE FIVE BASIC THEORIES OF LIABILITY IN SUBROGATION
1. NEGLIGENCE OR TORT
2. CONTRACT OR WARRANTY
3. PRODUCTS LIABILITY OR STRICT LIABILITY (§402a RESTATEMENT OF TORTS 2d)
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Enforceability of Foreign Jurisdiction Clauses in Ocean Bills of Lading - Subrogation Publications - As is generally known, the law relating to the liability for the carriage of goods is governed by the Carriage of Goods by Sea Act, 46 U.S.C. §1300 et seq. (COGSA), which was enacted in 1936 “to define by law the rights and liabilities of water carriers and shippers in foreign commerce.” COGSA thus prescribes the rights and responsibilities of common carriers and the rights and responsibilities of shippers and
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Regional Subrogation Practice Update Midwest Law And Procedure - Subrogation Publications - Spoliation is the destruction of or failure to preserve evidence for another’s use in pending or future litigation. See Minn-Chem, Inc. v. Richway Indus., Inc., No. C1-99-1963, 2000 WL 1066529 (Minn. App. Aug. 1, 2000). Spoliation issues may arise in products liability cases when evidence has been lost, altered, or destroyed during testing, and in fire cases when a party to a lawsuit (or third party) fails to preserve or
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Selection Excerpts from Volumes Ones and Two of the Cozen O'Connor Fire Suppression Task Force Report - Cozen O'Connor Whitepaper - Regarding theories of liability arising from the failure to properly detect and/or suppress a fire, this will address issues arising from an insured’s negligence in causing or allowing the fire to occur; the contractual based defenses typically contained in alarm contracts; and the potential liability of a prior land owner, for undisclosed dangerous conditions on the property.
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Recovery in Employee Dishonesty Claims - Subrogation and Recovery - Articles and Papers - 11 pgs. This article examines the issues surrounding just such an employee dishonesty claim. As discussed below there are a number of legal theories from which to pursue recovery and a number of targets that may be responsible to bear some of the loss. The following is a five-step process designed as a guide to assist you in realizing recovery in such cases. Topics: INTERVIEW THE EMPLOYEE; PURSUIT OF CLAIMS AGAINST THIRD PARTIES; SEIZE EMPLOYEE'S AVAILABLE ASSETS; OBTAIN JUDGMENT
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Lightning Strickes - Subrogation Considerations - Subrogation Publications - I. Characteristics and Effects of Lightning
A. Direct and indirect lightning strikes can and do cause serious physical damage to property. Damage from direct strikes can be caused by heat, explosion and/or fire, and damage from indirect strikes generally results from voltage surges through electric and telephone lines.
B. The number of amperes discharged can range from 1000 to 270,000 in extreme cases,
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Use of Computer Demonstrations at Trial - Subrogation Publications - With the onset of the computer age, many of us are just getting used to using word processing systems, computerized calendars and the like. Nonetheless, computers have found their way into the courtroom. Computer generated simulations can serve to better explain the facts of the case to the jury. Moreover, a computer generated simulation can keep the jury interested in your case and lend credence to your case by
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Suing Your Own Insured - Subrogation Publications - 1. Issue
A defense often raised by many tortfeasors in an attempt to defeat a subrogee's claim has been the doctrine forbidding subrogation against one's own insured. This time-honored maxim provides:
No rights of subrogation can arise in favor of the insurer against its own insured, since by definition subrogation arises only with respect to the rights of the insured against third
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Selection and Use of Experts - Subrogation Publications - I. The General Criteria For The Retention Of A Particular Expert — The Qualities Of A Good Expert
A. Identification of Goals and Tasks
1. Gather, organize, locate and preserve evidence.
B. A Reputation For Veracity
1. An Expert’s reputation and integrity are paramount factors in posturing cases for
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Preservation of Subrogation Opprotunities in Catastrophic/Mass Disaster Losses - Subrogation Publications - The catastrophic/mass disaster loss presents a situation where an insurance company's normal claims adjustment procedures may be modified or not closely followed. The need to adjust a large number of losses in a short period of time, often amid an atmos¬phere of devastation and chaos, can result in claims adjustment which impairs future subrogation recovery efforts. The first party adjuster's role in such catastrophic losses is
Tweet
January 01, 2000
Publication - Subrogation & Recovery
Regional Subrogation Practice Update, Law and Procedure: New Jersey, New York, and Connecticut - Subrogation Publications - This paper outlines recent developments under New Jersey, New York and Connecticut law concerning four particularly important topics in insurance subrogation law. The viability of subrogation actions may depend upon interpretation of underlying agreements, such as construction contracts and lease agreements, which may contain exculpatory or indemnification provisions and waivers of subrogation. Therefore, recent New
Tweet