Subrogation and Recovery - Articles and Papers [Avoiding Six Phantom Roadblocks to Subrogation Claims]

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...

Subrogation and Recovery - Articles and Papers [Ocean Marine and Inland Marine - Effect Of I.C.C. Termination Act On]

Publication - Subrogation & Recovery

Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine - Effect Of I.C.C. Termination Act On -

Measure & Proof of Loss to Building & Structures under Standard Fire Ins. Policies – The Alternatives & Practical Approaches [Subrogation and Recovery - Articles and Papers]

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.

Subrogation and Recovery - Articles and Papers [Subrogation and Recovery Theories of Liability - The Case for Subrogated Insurers to Participate in Class Action Litigation]

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...

Subrogation and Recovery - Articles and Papers [Surge Protectors]

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...

Limitations of Time for Commencement of Actions in Canada [Jurisdictions Comparative Chart]

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.

Midwest Application of the Economic Loss Doctrine [Subrogation and Recovery - Articles and Papers Regional Updates in Subrogation Law & Litigation:]

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.”

Implications of Kumho Tire on Qualifying Cause and Origin Experts [Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations -]

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

Subrogation and Recovery - Articles and Papers [Forensic Consultants & Loss Site Investigations - Preparing for a Deposition]

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...

Construction Defect Claim Procedures [Subrogation and Recovery - Articles and Papers]

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.

Preparing the Product Case for Litigation in Washington [Subrogation and Recovery - Articles and Papers - Regional Updates in Subrogation Law & Litigation:]

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.

Emerging Defense Trends in Subrogation Cases [Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers]

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

Discovering and Protecting Electronic Files [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Discovering and Protecting Electronic Files - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 36 pgs total. Topics: Differences Between Electronic and Paper Information; Growing Importance of Electronic Information; Discoverability of Electronic Data; WHAT CAN BE DISCOVERED: Types of Electronic Data; The “Lazarus Phenomenon”, The Myth of Erased, Deleted, Destroyed and Lost Electronic Evidence; Sources of Hidden Data; HOW TO DISCOVER ELECTRONIC FILES; HOW TO PROTECT ELECTRONIC FILES

Marine Cargo Claims [Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Marine Cargo Claims - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 18 pgs total. Shipments transported to or from the United States are governed by the U.S. Carriage of Goods by Sea Act (“COGSA”). Topics re: COGSA: Applicability; Notice of Claim; Statute Of Limitations; Establishing A Prima Facie Case; Defenses; Package Limitation; Foreign Jurisdiction Clauses.

An Overview of Key Amendments to the Bankruptcy Code [The Bankruptcy Abuse and Consumer Protection Act of 2005]

Publication - Bankruptcy, Insolvency & Restructuring, Business

An Overview of Key Amendments to the Bankruptcy Code - The Bankruptcy Abuse and Consumer Protection Act of 2005 -

Electronic Signatures in Global and National Commerce Act [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Electronic Signatures in Global and National Commerce Act - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 9 pgs total. This paper summarizes the Electronic Signatures in Global and National Commerce Act “the Act” signed into law by President Clinton on June 30, 2000. The Act encourages electronic commerce by validating the use of electronic signatures, electronic records, electronic notes, and electronic contracts in any transaction affecting interstate commerce. The Act is divided into four Titles which the paper covers.

No ‘Scalito’ Here [Risk & Insurance]

Publication

No ‘Scalito’ Here - Risk & Insurance - Wingnuts, stand down. Supreme Court nominee Samuel G. Alito, Jr. is no agenda-slipping, law-legislating extremist—at least not when it comes to insurance issues. Judge Alito is an intellectual stud more than qualified to become a Supreme Court justice. His delivery of insurance opinions is impressive. He writes with an efficiency and clarity that produces opinions that lawyers call “tight.”

Intense Fighting; Serious Losses. Outcome Uncertain! Dispatches from the Hostile Frontier of Electronic Data Discovery [Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers]

Publication - Subrogation & Recovery

Intense Fighting; Serious Losses. Outcome Uncertain! Dispatches from the Hostile Frontier of Electronic Data Discovery - Y2K, Computers and Technology - Subrogation and Recovery - Articles and Papers - 42 pgs total, includes Definitions appendix. This article discusses a contentious trend toward electronic data discovery in civil litigation. It considers the implications of this trend for public and private organizations engaged in litigation. The article recommends an immediate course of action that an organization can adopt to minimize the damaging consequences, should an adversary launch a discovery assault on its electronic databases.

Interpreting the Clean Water Act’s Citizen Suit Provision: Successor Landowner Liability for Inactive Mine Discharges in Sierra Club v. El Paso Gold Mines, Inc. [17 Vill. Envtl. L.J. 515]

Publication

Reasonable Accommodations And The ADA [SBN Magazine]

Publication - Labor & Employment

Reasonable Accommodations And The ADA - SBN Magazine -