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December 16, 2010
Publication - Subrogation & Recovery
Subrogation In Year 2000 Losses - Cozen O'Connor Whitepaper - Now that the Year 2000 has arrived, there is an avalanche of opinions concerning the disruptions that are likely to occur as a result of the Year Two Thousand or Y2K. This paper will explore the pursuit of subrogation actions following the payment of property claims that are traced, in whole or in part, to a Y2K source. This paper will not address coverage issues in first party claims. Obviously, because the topic is
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December 16, 2010
Publication - Subrogation & Recovery
Subrogation and The Economic Loss Doctrine: A 50 State Survey - Subrogator - All of the above claim scenarios, or ones similar to them, should be familiar to insurance claims and subrogation professionals. All of them appear to have good subrogation potential. But look again! Each of the above scenarios involves a situation in which the defendant manufacturer was able to avoid liability due to the application of an often-misunderstood doctrine known as the Economic Loss Doctrine (ELD). Being familiar with
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December 16, 2010
Publication - Subrogation & Recovery
Statues of Repose - Cozen O'Connor Whitepaper - Statutes of repose generally bar a cause of action after a specified time period, regardless of whether or not any property damage has occurred within that period. Statutes of repose typically begin to run on the date of a causative event (such as defective construction or negligent manufacture), rather than the date the damages occur. The statute of repose differs from a statute of limitations because a statute
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December 13, 2010
Publication - Subrogation & Recovery
Don't Let Wind Turbine Claims Blow Over: How to Assess Recovery: Subrogation potential exists even when lightning fuels first-party claims - National Underwriter - According to the 2010 U.S. Wind Industry Monitor, significant growth in the use of the wind turbines in the United States is projected over the next several years. Indeed, the U.S. recently surpassed Germany as having the largest usable wind capacity in the world.
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December 12, 2010
Publication - Antitrust & Competition, Business, Health Care & Life Sciences
House Judiciary Hearing Provides Few Answers for ACO Participants - Health Law Alert! - At the recent House Judiciary Committee’s hearing on the effects of antitrust laws in the heath care industry, testimony relating to accountable care organizations (ACOs) was plentiful, but unrevealing. Industry representatives and federal antitrust enforcers agreed that ACOs have the potential to successfully lower costs and improve quality of care, but government witnesses declined to provide a roadmap as to how ACOs may avoid running afoul of the antitrust laws.
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December 09, 2010
Publication - Subrogation & Recovery
Material Failures - Cozen O'Connor Whitepaper - Many losses involve, in one form or another, material failures. In some cases, the material at issue causes the loss. In other cases, the subject material contributes to the size or severity of the loss. In either event, material failures represent an opportunity, albeit sometimes overlooked, for subrogation recovery.
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December 09, 2010
Publication - Subrogation & Recovery
Parties to A Products Liability Action - Subrogation Publications - Individuals, corporations, and other business entities may allege strict product liability tort claims. A strict product liability plaintiff, whether an individual or a business, must allege personal injury and/or property damage caused by the product defect. As described previously herein, the product liability plaintiff need not be the purchaser of the product and need not be in privity with the defendant.
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December 09, 2010
Publication - Subrogation & Recovery - Insurance
Natural Catastrophes: Recovering Damages in the Afterman of Disaster - Subrogation and Recovery Alert! - A hurricane sweeps across the Southeast shattering its structures. Fires rage through the West ravaging the landscape. A flood runs through the Midwest ruining crops and city buildings. A blizzard blasts through the Northeast bringing businesses to the brink of bankruptcy. Lives are lost, and livelihoods. Whole industries take a hit, the insurance industry in particular.
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December 08, 2010
Publication - Subrogation & Recovery
Investigaiton and Analysis of Subrogation Claims Arising from Spontaneous Combustion and Chemically Induced Fires - Cozen O’Connor Technical Handbook - At one time or another, most claim professionals encounter fires caused by spontaneous combustion. Some of these losses involve well known auto-igniters, such as products containing boiled linseed oil. The February 1991 fire at One Meridian Plaza, for example, was ignited by spontaneous combustion of oily rags; this tragic loss caused over $100 million in property damage and cost three Philadelphia firefighters their
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December 04, 2010
Publication - Subrogation & Recovery
Infrastructure Failures - Regional Updates in Subro Law and Litigation - I. MUNICIPAL INFRASTRUCTURE INCLUDES VARIOUS SUPPORT SYSTEMS AND STRUCTURES SUCH AS WATER DISTRIBUTION SYSTEMS, SANITARY SEWAGE, ELECTRICITY, TRANSPORTATION, SUBWAYS, HIGHWAYS, STREETS, ETC.
A. Infrastructure failures may be directly related to utilization, age and maintenance protocols.
B. Infrastructure development was piecemeal
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December 02, 2010
Publication - Subrogation & Recovery
Avoiding Daubert Challenges ... and Surviving Them When You Can't - Subrogation and Recovery Powerpoint -
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December 01, 2010
Publication - Subrogation & Recovery
Can Contribution Claims Be Asserted Against a Tortfeasor Otherwise Immune To A Direct Subrogation Action? - Subrogation Publications - Approach One: Contribution May Be Pursued
The Superior Court of Delaware handled a similar issue involving a contribution claim and whether it was barred by the anti-subrogation rule. Great Am. Assurance Co. V. Fisher Controls Int'll, Inc., 2003 WL 21901094 (Del. Super. Aug. 4, 2003). In that case, plaintiff insurer sued several defendants for a loss at a refinery. Those defendants sought contribution from another
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December 01, 2010
Publication - Insurance Coverage, Subrogation & Recovery
Form and Substance of a California Government Tort Claim - Regional Updates in Subro Law and Litigation - The 1963 California Tort Claims Act established uniform procedures for claims against public entities and public employees. The California Tort Claims Act establishes certain conditions prior to the filing of a lawsuit against a public entity. It is imperative that a claimant be aware of the requirements under the Torts Claim Act, as the unwary claimant may find their cause of action barred for failure to comply with the
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November 30, 2010
Publication
Third Circuit Sends Mixed Messages on Class Action Settlements - The Legal Intelligencer - The Third Circuit has issued three decisions, within a three-month span, about class
action settlements. The three cases send different signals about the trial court’s role in reviewing
class action settlements.
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November 29, 2010
Publication - Subrogation & Recovery - Insurance
New Expert Report and Communication Rules in Federal Court Cases - Subrogation and Recovery Alert! - Draft expert reports can be a trap for the unwary, often resulting in drafts not being protected from discovery by opposing parties. Under recently amended Federal Rule 26 for Federal cases, draft expert reports now are discoverable when counsel is not involved. The converse is the lesson of the day: draft reports are privileged when prepared at the request of counsel. This Alert discusses these important new amendments to Federal Rule 26, and their impact on expert disclosures.
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November 29, 2010
Publication - Subrogation & Recovery
Deductive Reimbursement: Insurer, Insured and Priority in Recovery Proceeds - Who Gets What and When - Subrogation and Recovery Theories of Liability - In handling recovery matters, issues constantly arise concerning deductibles, uninsured losses and additional claims that may be or are asserted by insureds. There may be legitimate uninsured losses sustained by an insured when there is insufficient coverage for the risk. There may be claims that, asserted at law, are subject to standards and measures of damage that differ greatly from the insurer’s contractual indemnity
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November 29, 2010
Publication
Three Supreme Court Cases to Test “Presumption Against Preemption” - The Legal Intelligencer - The Supreme Court has recognized several species of preemption, though the
categories tend to overlap. “Express” preemption occurs when Congress precludes state
regulation in a particular area by announcing such an intention in the text of a statute.
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November 24, 2010
Publication - Subrogation & Recovery
Computer - Generated Failure Analysis And Admissibility Considerations - Computers, Technology & The Electronic/Digital - Computers have become ordinary household appliances, but because of considerations relating to authenticity, reliability and relevance, the admissibility of computer-generated failure analysis is still being debated by the courts. The debate reflects the tension between the notion that computers are infallible, impartial calculators of data, and the well-recognized concept of “garbage in, garbage out.”
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November 24, 2010
Publication - Subrogation & Recovery
Cause and Investigation of Wildfires - Theories of Subrogation - The causes of wildland fires are too numerous to mention, from lightning to arson to obscure events like a spark ignited by a piece of equipment or machinery or a downed power line.
Investigating a wildfire is much different than the investigation of a structure fire. Wildfires are not structure fires outdoors. The factors influencing fire development are different, fire suppression tactics are different, and fire
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November 23, 2010
Publication - Business, Corporate
Fall 2010 - Business Law Observer - Since our Spring 2010 Observer was published, significant new legislation has been enacted
by Congress, affecting tax planning and securities transactions, among other areas. We have summarized two of the new acts, in addition to a review of existing legislation as it affects doing business abroad. Imbedded in the Health Care Act is a new provision in the Internal Revenue Code, codifying the “economic substance doctrine.”
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