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January 13, 2006
Publication
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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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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