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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine - Effect Of I.C.C. Termination Act On -
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Avoiding Six Phantom Roadblocks to Subrogation Claims - As we begin the new century, claims handlers, recovery specialists and subrogation counsel can expect new and varied challenges to subrogation claims. For the past several years, the courts have viewed subrogation claims with some disdain; and have issued peculiar and in some instances legally insupportable opinions that limit a...
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January 13, 2006
Publication - Subrogation & Recovery
New York Subrogation Practice: A Blueprint for Expediting Recoveries - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 8 pgs total. This paper will focus on the practical steps that can be taken to limit the delays inherent in litigating subrogation cases in New York in order to move as quickly as possible to the endgame of recovery. Also includes tables: table 1 illuminates the distinctions between practice in state and federal court. table 2 lists various strategies that may be employed during the respective stages of a case.
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January 13, 2006
Publication - Subrogation & Recovery
Measure & Proof of Loss to Building & Structures under Standard Fire Ins. Policies – The Alternatives & Practical Approaches - Subrogation and Recovery - Articles and Papers - 26 pgs total . A working knowledge of the language of the standard fire insurance policy is an essential pre-requisite to the preparation of advice to insured or insurer regarding the presentation of claim under such policy, regardless of the nature of the loss. ...it is preferable that the practitioner be knowledgeable concerning the different definitions of actual cash value which are extant throughout the Country.
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January 13, 2006
Publication - Subrogation & Recovery
Implications of Kumho Tire on Qualifying Cause and Origin Experts - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - - 14 pgs total. A careful reading of the opinion reveals that the Supreme Court not only enhanced the
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January 13, 2006
Publication - Subrogation & Recovery
Midwest Application of the Economic Loss Doctrine - Subrogation and Recovery - Articles and Papers Regional Updates in Subrogation Law & Litigation: - 20 pgs total. Indeed, each of the seven states comprising the Midwest region have adopted the economic loss doctrine in one form or another. There is tremendous variation in each jurisdiction’s application of the rule. The following summary will review the general considerations that shape the economic loss doctrine in addition to comparing the similarities and differences between these jurisdictions’ approach to what may be more appropriately referred to as the “economic loss doctrines.”
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - The Case for Subrogated Insurers to Participate in Class Action Litigation - A local fire department is called to control the spread of a relatively small 17 acre rural forest fire. Before the fire is controlled, it spreads onto State-owned lands and State forest fire fighters are called to the scene of the fire to assume control of its extinguishment. The command...
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Surge Protectors - A surge protector protects electronic devices from power surges. A power surge, sometimes called transient voltage, occurs when voltage increases above the standard normally associated with electricity in a specified area. The standard voltage in the United States is 120 volts...
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January 13, 2006
Publication - Subrogation & Recovery
Limitations of Time for Commencement of Actions in Canada - Jurisdictions Comparative Chart - 9 pgs total, revised 2006. The following Comparative Chart outlines the Statutes of Limitation that apply in the Canadian Provinces to tort and contract claims as well as claims against various governmental entities. Table properties: Statutes of Limitations: Torts, Contract, Governmental (Special Provisions) and Ultimate Limitation Periods: Tort or Contract, Engineer or Architect.
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January 13, 2006
Publication - Subrogation & Recovery
Emerging Defense Trends in Subrogation Cases - Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers - 13 pgs total. Topics & an ensuing discussion for each: SPOLIATION OF EVIDENCE; CONTRACTUAL WAIVERS; THE ECONOMIC LOSS DOCTRINE; THE EMPTY CHAIR DEFENSE – DOES IT APPLY TO A COMPONENT PART MANUFACTURER?; ATTACKING AN EXPERT'S QUALIFICATIONS THROUGH SCHOOL TRANSCRIPTS AND THE USE OF DAUBERT
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January 13, 2006
Publication - Subrogation & Recovery
Preparing the Product Case for Litigation in Washington - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 24 pgs total. This paper briefly summarizes Washington’s Product Liability Act and the various claims it encompasses, and discusses a number of brief steps that a claims adjuster and/or subrogation specialist can take early in the adjustment process to maximize the overall efficiency and accuracy of the investigation, while minimizing potential defense arguments. As a significant portion of product subrogation cases stem from fire losses, our focus here will be on fire claims.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Preparing for a Deposition - No aspect of modern civil litigation is more important to the outcome of a case than oral depositions. Because the vast majority of civil actions are settled at some point in advance of a trial...
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January 13, 2006
Publication - Subrogation & Recovery
Construction Defect Claim Procedures - Subrogation and Recovery - Articles and Papers - 10 pgs total. Residential Construction Liability Act (“RCLA”), All of the statutes share a common theme: the claimants must give written notice of the claimed defects and provide a fair opportunity to the builder to remedy the defects. Topics: a brief analysis of the statutes that exist in Arizona, California, and Nevada.
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January 13, 2006
Publication - Subrogation & Recovery
Practice Tips for Subrogation Counsel in the New Jersey State Courts - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 9 pgs total. This presentation will review four peculiarities of New Jersey practice that subrogation practitioners should understand and employ to maximize recovery from cases litigated in the state courts. These four areas are (1) affidavits of merit; (2) the entire controversy doctrine; (3) the creation of business court; (4) mediation.
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January 13, 2006
Publication - Subrogation & Recovery
New Mexico Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 4 pgs total. The sovereign immunity enjoyed by the State of New Mexico and its governmental subdivisions was abolished by the N.M. Supreme Court in 1975. The legislature responded by enacting the Tort Claims Act... While the Tort Claims Act re-established sovereign immunity, it also created specific waivers of immunity which permit suit against the government. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES; LIMITATION OF LIABILITY
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: Utah Tort Claims & Immunities -
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January 13, 2006
Publication - Subrogation & Recovery
Arizona Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation - 6 pgs total. Public entities and public employees are protected from certain liabilities in Arizona by statutory immunities that do not provide protection to other defendants. Topics: PROCEDURAL NOTICE REQUIREMENTS AND STATUTE OF LIMITATIONS; STATUTORY IMMUNITIES
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January 13, 2006
Publication - Subrogation & Recovery
Inverse Condemnation - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 5 pgs total. The policy underlying the concept of inverse condemnation is that the costs of a public improvement benefiting the community should be spread among those receiving the benefit, as opposed to being allocated to a single person within a community. When available, inverse condemnation should always be alleged in a complaint against a government entity or public utility.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Work Like and Insurance Company to Save Money - The American Institute of Certified Public Accountants -
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January 13, 2006
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The Forensic Investigation - The Obtaining & Maintenance of Evidence & the Selection & Use of Experts - Forensic Consultants & Loss Site Investigations - Subrogation and Recovery - Articles and Papers - 9 pgs total; in outline form. We will discuss here matters that we have found essential in the investigation of claims based principally upon claim handling and litigation in the United States. Whilst our focus is upon subrogation and recovery, the principles discussed certainly have far broader applicability.
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