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November 29, 2001
Publication - Subrogation & Recovery
Recent Developments in Limitation of Liability - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 9 pgs total. This paper comments on a unique concept of the law that may have unusual and unforeseen results in the area of marine subrogation claims. When vessels on navigable waters collide, strand, or strike shoreside structures, the law that governs ...is Maritime Law. If the damage suffered by one of the vessels is great enough, it is possible for the vessel owner...to limit its liability to any property or cargo owner to zero.
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October 19, 2001
Publication - Subrogation & Recovery - Insurance
Recovery Opportunities in Computer Virus, Hacking and Other Ecommerce Claims - Subrogation and Recovery Alert! - 5 pgs total. Companies have developed products specifically aimed at providing coverage for WebPerils. The products are expressly designed to protect insureds against losses intrinsic to a web presence. The next consideration by claims management will be whether claim payments can be recovered from responsible third parties. The purpose of this paper is to address recovery opportunities for losses resulting from WebPerils.
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January 01, 2001
Publication - Subrogation & Recovery
Regional Subrogation Practice Update Law and Procedure: Connecticut and New York - Subrogation Publications - I. SPOLIATION OF EVIDENCE
Spoliation is defined as the destruction of material evidence. Spoliation arises when evidence is lost, altered, or destroyed during testing. In fire loss cases, spoliation may be alleged when a party to a lawsuit fails to preserve or intentionally destroys fire artifacts. Sanctions for destruction of evidence vary, but typically may include: an adverse
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January 01, 2001
Publication - Subrogation & Recovery
Regional Update on Subrogation Practice Law and Procedure in the Southeastern U.S. - Cozen O'Connor Whitepaper - Cozen O'Connor was founded on the belief that we can obtain significant recoveries for our clients by aggressively pursuing subrogation claims. It is this philosophy that has made us a leader in the subrogation field. Changing areas of law can dramatically affect the chances for success in a subrogation case. The topics in this article - sanctions for spoliation; waivers of subrogation and exculpatory clauses; the Economic Loss Rule;
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January 01, 2001
Publication - Subrogation & Recovery
Cozen O'Connor Technical Handbook: Advanced Theories of Subrogation and Recovery - Theories of Subrogation - It is fundamental that three elements are necessary to support combustion: heat; oxygen; and fuel. Indeed, the fire triangle’s dependence on all three of its sides is recognized and utilized in firefighting efforts, which typically target one or more of these elements in an effort to control, contain and extinguish fires. In recent years, it has been recognized that open
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January 01, 2001
Publication - Subrogation & Recovery
Regional Subrogation Practice Update: Mid-Atlantic Region - Regional Updates in Subro Law and Litigation - I. SPOLIATION OF EVIDENCE
Spoliation is the destruction or alteration of material evidence. Spoliation arises in products liability cases when evidence is lost, altered, or destroyed during investigation or testing. Spoliation also may be an issue in fire cases when important fireground artifacts have been intentionally destroyed or negligently not preserved.
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January 01, 2001
Publication - Subrogation & Recovery
The Daubert Challenge for Experts in Subrogation Cases: Is the Sky Really Falling? - Subrogation Publication - I. INTRODUCTION
The U.S. Supreme Court’s decision in Daubert v. Merrill Dow, Inc., 113 S.Ct. 2786 (1993) has created yet another hurdle for subrogation professionals. Daubert and the more recent Kuhmo Tire Company v. Carmichael, 119 S.Ct. 1167 (1999) decision increasingly are being utilized by the defense bar and liability specialists. Numerous journals, articles, seminars and even week-long
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January 01, 2001
Publication - Subrogation & Recovery
New Amendments to Expert Rules Take Effect - Subrogation Publications - According to the Advisory Committee Notes, the rule was amended in response to Daubert and Kumho Tire. The purpose of the amendment affirms “the trial court’s role as gatekeeper and provides some general standards that the trial court must use to assess the reliability and helpfulness of proffered expert testimony.”
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January 01, 2001
Publication - Subrogation & Recovery
Electronic Settlement Agreements: Are They Enforceable In Texas? - Subrogation Publications - The use of electronic messaging technologies such as e-mail and instant messaging are transforming legal practice in Texas and throughout the country. Recent surveys have indicated that more than two-thirds of attorneys regularly use e-mail to communicate with their clients and other lawyers. Instant messaging technology, an adjunct to e-mail is now being used by pockets of law firms. It is predicted that within five
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December 01, 2000
Publication - Subrogation & Recovery
Tort Law Update - Regional Updates in Subrogation Law and Litigation - The Supreme Court recently addressed the issue of causation as a necessary component of a failure to warn claim under Washington’s Product Liability Act, RCW 7.72 et seq. The case of Soproni v. Polygon Apartment Partners, 137 Wn.2d 319, 971 P.2d 500 (1999), involved claims against the manufacturer of a window system. Twenty-month-old Daniel Soproni apparently had a habit of opening and closing his parents’ second floor
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May 15, 2000
Publication - Subrogation & Recovery
Overview of Marine, Interstate and Intermodal Claims, Information and Documents Needed for Recovery and Examples of Transit Documents - Ocean Marine and Inland Marine - Subrogation and Recovery - Articles and Papers - 21 pgs total. Topics: OVERVIEW OF LAW GOVERNING OCEAN MARINE CLAIMS; LAW GOVERNING INTERSTATE CLAIMS; LOSSES ARISING UNDER INTERMODAL BILLS OF LADING; INFORMATION AND DOCUMENTS NEEDED FOR RECOVERY; Examples Of Transit Documents
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January 13, 2000
Publication - Subrogation & Recovery
Recent Trends in Product Liability Losses - Subrogation and Recovery - Articles and Papers - 13 pgs total. This article provides information about a few products that have repeatedly been the subject of product liability investigations... The basics of product liability law are also briefly summarized, including a list of defenses to a product liability case, which may be used by the manufacturer of a recalled product. This article provides practical guidelines for how insurers...can help ensure that a subrogation suit involving a product liability claim can be maintained.
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January 01, 2000
Publication - Subrogation & Recovery
Regional Subrogation Practice Update, Law and Procedure: New Jersey, New York, and Connecticut - Subrogation Publications - This paper outlines recent developments under New Jersey, New York and Connecticut law concerning four particularly important topics in insurance subrogation law. The viability of subrogation actions may depend upon interpretation of underlying agreements, such as construction contracts and lease agreements, which may contain exculpatory or indemnification provisions and waivers of subrogation. Therefore, recent New
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January 01, 2000
Publication - Subrogation & Recovery
Issues Arising from Alleged Spoliation of Evidence - Subrogation Publication - Spoliation of Evidence -- the destruction or material modification of evidence by in act or omission of a party. Spoliation can lead to adverse evidentiary inferences, adverse jury instructions, evidence preclusion or dismissal/default.
Policy factors: "The plaintiffs are not free to destroy crucial evidence simply because a court order was not issued to preserve the evidence."
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January 01, 2000
Publication - Subrogation & Recovery
Recovery in Employee Dishonesty Claims - Subrogation and Recovery - Articles and Papers - 11 pgs. This article examines the issues surrounding just such an employee dishonesty claim. As discussed below there are a number of legal theories from which to pursue recovery and a number of targets that may be responsible to bear some of the loss. The following is a five-step process designed as a guide to assist you in realizing recovery in such cases. Topics: INTERVIEW THE EMPLOYEE; PURSUIT OF CLAIMS AGAINST THIRD PARTIES; SEIZE EMPLOYEE'S AVAILABLE ASSETS; OBTAIN JUDGMENT
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January 01, 2000
Publication - Subrogation & Recovery
Selection and Use of Experts - Subrogation Publications - I. The General Criteria For The Retention Of A Particular Expert — The Qualities Of A Good Expert
A. Identification of Goals and Tasks
1. Gather, organize, locate and preserve evidence.
B. A Reputation For Veracity
1. An Expert’s reputation and integrity are paramount factors in posturing cases for
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January 01, 2000
Publication - Subrogation & Recovery
Suing Your Own Insured - Subrogation Publications - 1. Issue
A defense often raised by many tortfeasors in an attempt to defeat a subrogee's claim has been the doctrine forbidding subrogation against one's own insured. This time-honored maxim provides:
No rights of subrogation can arise in favor of the insurer against its own insured, since by definition subrogation arises only with respect to the rights of the insured against third
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January 01, 2000
Publication - Subrogation & Recovery
Use of Computer Demonstrations at Trial - Subrogation Publications - With the onset of the computer age, many of us are just getting used to using word processing systems, computerized calendars and the like. Nonetheless, computers have found their way into the courtroom. Computer generated simulations can serve to better explain the facts of the case to the jury. Moreover, a computer generated simulation can keep the jury interested in your case and lend credence to your case by
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January 01, 2000
Publication - Subrogation & Recovery
Lightning Strickes - Subrogation Considerations - Subrogation Publications - I. Characteristics and Effects of Lightning
A. Direct and indirect lightning strikes can and do cause serious physical damage to property. Damage from direct strikes can be caused by heat, explosion and/or fire, and damage from indirect strikes generally results from voltage surges through electric and telephone lines.
B. The number of amperes discharged can range from 1000 to 270,000 in extreme cases,
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January 01, 2000
Publication - Subrogation & Recovery
Preservation of Subrogation Opprotunities in Catastrophic/Mass Disaster Losses - Subrogation Publications - The catastrophic/mass disaster loss presents a situation where an insurance company's normal claims adjustment procedures may be modified or not closely followed. The need to adjust a large number of losses in a short period of time, often amid an atmos¬phere of devastation and chaos, can result in claims adjustment which impairs future subrogation recovery efforts. The first party adjuster's role in such catastrophic losses is
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