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January 13, 2006
Publication - Subrogation & Recovery
Cargo Claims - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 11 pgs total. Topics: Legal liability of motor carriers; What is the liability of a bailee or warehouseman?; Exception to common carrier liability of act or omission of shipper (improper packing or loading); Claims Settlement Practices.
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January 13, 2006
Publication - Subrogation & Recovery
Interviewing Employees and Former Employees of a Defendant or Prospective Defendant - Forensic Consultants & Loss Site Investigations - Subrogation and Recovery - Articles and Papers - 9 pgs total. An adjuster is free to interview any witness without limitation. An investigator may be limited in interviewing witnesses. If an investigator is a “nonlawyer assistant”, then the investigator is governed by the same ethical guidelines as an attorney.
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January 13, 2006
Publication - Subrogation & Recovery
Maximizing Recovery of Damages in Subrogation/Recovery Claims - Subrogation and Recovery - Articles and Papers - 7 pg total. Insuring that recovery representatives and adjusters are maximizing damages for which recovery is sought by way of negotiation, arbitration, or trial is a several step process. Therefore, we certainly want to start with the maximum provable damage claim that we can legitimately advance under the law. The goal is to have our figure as the starting point for negotiation rather than the other side’s lower figure.
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January 13, 2006
Publication - Insurance Coverage
The Impact of Professional Licensure Requirements Upon a Fire Investigator’s Qualification To Testify as an Expert - Arson & Fraud - 24 pgs total, paper is from, 1996 Property Insurance Seminar. Topics: Licensure Requirements for Fire Investigators; Is Professional Licensure Required in Order to Testify as a Fire Expert?; Strategies for Avoiding Preclusion of Unlicensed Experts’ Opinions; Licensure Does Not Guarantee That a Witness is Qualified as an Expert.
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January 13, 2006
Publication - Subrogation & Recovery
Exculpatory Contractual Provisions and Third Party Tort Liability - Subrogation and Recovery - Articles and Papers - 13 pgs total. Paper focuses on the exculpatory clause. Topics include: 1/A DEFENDANT CANNOT GAIN THE BENEFIT OF EXCULPATORY CONTRACTUAL PROVISIONS CONTAINED WITHIN A CONTRACT TO WHICH IT IS NOT A PARTY; NOR CAN A DEFENDANT SUBJECT A PLAINTIFF TO EXCULPATORY CONTRACTUAL PROVISIONS CONTAINED WITHIN A CONTRACT TO WHICH THE PLAINTIFF IS NOT A PARTY, 2/EXCULPATORY CLAUSES MUST BE STRICTLY AND NARROWLY CONSTRUED, 3/THE PRESENCE OF INSURANCE IS NOT AN EXCUSE, 4/THIRD PARTY BENEFICIARY STATUS.
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Spontaneous Combustion Technical and Legal Issues -
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January 13, 2006
Publication - Subrogation & Recovery
Nevada Tort Claims Act & Immunities - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 4 pgs total. Any claim against the State, its agencies, or employees resulting from some official act can only be maintained in the absence of protective governmental immunity. The legislature has exposed the State of Nevada to liability by conditionally waiving in certain instances governmental immunity from suit. NRS §41.031, et seq. Topics: PROCEDURAL REQUIREMENTS AND STATUTE OF LIMITATIONS; IMMUNITIES; LIMITATION OF LIABILITY
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January 13, 2006
Publication - Subrogation & Recovery
The Insurer/Insured Relationship in Subrogation - Subrogation and Recovery - Articles and Papers - 30 pgs total. Modern legal principles have divided subrogation into two basic categories reflecting how the right of subrogation arises. Legal subrogation, also known as equitable subrogation, arises when an insurer fulfills its obligations to an insured pursuant to the contract of insurance and, in fact, that obligation should have been paid by another, i.e., the tortfeasor. Conventional subrogation, also known as contractual subrogation, arises by virtue of contract or agreement.
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January 13, 2006
Publication
Pre-Complaint Discovery in Federal Court, Pennsylvania and New Jersey - Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation: - 37 pgs total. Presuit or pre-complaint discovery is both a tool, and often a necessity, in both state and federal court. Pre-complaint discovery for the purpose of perpetuation of testimony is generally permitted in both state and federal court. Pre-complaint discovery, however, may also be a tool for fleshing out facts and witnesses prior to filing a formal complaint. Paper covers PRE-COMPLAINT DISCOVERY IN PA & NJ.
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January 13, 2006
Publication - Subrogation & Recovery
Defenses in a Product Liability Claim - Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers - 3 pgs total. This article is intended to provide only a brief description of the defenses available to product liability claims. State courts across the country have addressed these defenses and have adopted unique nuances with respect to their applicability. This article of limited scope does not address the approaches adopted by each state.
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January 13, 2006
Publication - Subrogation & Recovery
Deposition Preparation for the Claims Professional - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - - 11 pgs total, includes questions and answers. After a brief definition of the deposition process and format, this paper will review the most traditional “commandments” for deponents or witnesses at depositions. We will then review steps that will aid the independent claims adjuster in preparing for a deposition. Topics include: THE CARDINAL RULES OF DEPOSITIONS; PREPARING FOR YOUR DEPOSITION
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - The Product Liability Torts -
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January 13, 2006
Publication - Subrogation & Recovery
Defenses in a Product Liability Claim - Subrogation and Recovery - Articles and Papers - 4 pgs total. This article is intended to provide only a taste of the defenses available in product liability claims. Topics: Abnormal Use/Misuse Defense, Assumption of the Risk Defense, Consent Defense, Implied Agreement to Relieve Defendant of Responsibility, Voluntary Acceptance of Risk Created by the Defendant, Unreasonable Acceptance of a Known Risk, Intended User Defense, Substantial Change Defense, Technical Defenses Based on the Law.
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January 13, 2006
Publication - Subrogation & Recovery
Getting Along with the Property Insurer – A Practical Approach to Protecting the Rights of Subrogees and Policyholders - Subrogation and Recovery - Articles and Papers - 6 pgs total. This article discusses a pragmatic approach whereby the insurer and its policyholder can work together to preserve necessary evidence so that a successful claim can be asserted against responsible third party tortfeasors, while at the same time fairly apportioning rights of recovery from the tortfeasor between the policyholder and insurer. Courts throughout the country which have addressed this issue have come to different conclusions...
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January 13, 2006
Publication - Subrogation & Recovery
Current United States Legal Issues Affecting Connecting Carriage - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 25 pgs total. In the US, courts are beginning to resolve disputes involving this increasingly complicated web of inter-related contractual obligations for cargo that moves through multiple jurisdictions using a variety of transportation modes. The trend in the US is to enforce lawful contract terms, so long as doing so does not offend public policy and the terms are not unreasonable. It is, therefore, against this backdrop that we address the topic of connecting carriage and US law.
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January 13, 2006
Publication - Subrogation & Recovery
Spoliation of Evidence - Subrogation and Recovery - Articles and Papers - 13 pgs total. This paper covers the various implications of spoliation of evidence. First, the evolution of the spoliation doctrine is explored with particular attention paid to the inferences invoked and sanctions levied by courts... Second, the impact of the concept of spoliation of evidence on the investigation of an insurance claim is explored... A checklist is offered to identify what evidence collection efforts should be taken...
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - Recovery in Construction Defect Cases - Claims involving construction and design defects present unique issues for subrogation recovery. This presentation discusses various considerations surrounding the liability of the various players connected with the construction project...
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January 13, 2006
Publication - Subrogation & Recovery
Subrogation and Recovery - Articles and Papers - Forensic Consultants & Loss Site Investigations - Material Failures of Plastic Plumbing Fixtures and Piping - There are many subrogation opportunities related to water losses arising from material failures of plastic plumbing fixtures and piping. More of these claims can be expected. A greater number of these losses will occur in the future given the modern use of less expensive plastic components for plumbing fixtures and
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January 13, 2006
Publication - Subrogation & Recovery
Daubert Update - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - 10 pgs total, written in '00; edited '05. Topics: Background:U.S. Supreme Court Decisions; Daubert v. Merrell Dow; General Electric v. Joyner; Kumho Tire v. Carmichael; Daubert Today; The trend is toward increasingly rigid application of the Daubert criteria.; Fire investigators are now under heightened scrutiny.; Trial judges do not have unfettered discretion to exclude expert testimony; Daubert in the State Courts; What is the Ultimate Impact of Daubert and Kumho on Subrogation Recoveries?
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January 13, 2006
Publication - Subrogation & Recovery
Winning Mediation Techniques for Plaintiffs - Subrogation and Recovery - Articles and Papers - Proof of Damages - 6 pgs total. On average 80-95% of all cases which enter mediation settle. Those which do not generally fail due to one of the following: lack of key discovery; a psychological “lock” on positions as contrasted to interests; a lack of key decision makers at the process; reactive devaluation of offers from the other side; or extreme risk aversion. Topics: MEDIATION AND PREPARATION; PRIOR TO THE MEDIATION SESSION; AT THE MEDIATION SESSION; DURING FOLLOW UP; TEN PROVEN WINNING TECHNIQUES
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