Suing Your Own Insured [Subrogation Publications]

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

Use of Computer Demonstrations at Trial [Subrogation Publications]

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

Preservation of Subrogation Opprotunities in Catastrophic/Mass Disaster Losses [Subrogation Publications]

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

Regional Subrogation Practice Update, Law and Procedure: New Jersey, New York, and Connecticut [Subrogation Publications]

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

Issues Arising from Alleged Spoliation of Evidence [Subrogation Publication]

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."

Advanced Theories of Subrogation [Theories of Subrogation]

Publication - Subrogation & Recovery

Advanced Theories of Subrogation - Theories of Subrogation - In recent years, the insurance industry has faced catastrophic property losses all across this Country. Beyond the ordinary commercial and residential fires, the insurance industry has been confronted with hurricanes, earthquakes, massive floods, unprecedented ice storms and widespread fires. In each of these incidences, the cause of the property losses may, at first blush, be attributed to an Act of God or an

Proration Agreements - Analysis And Recommendations [Subrogation Publications]

Publication - Subrogation & Recovery

Proration Agreements - Analysis And Recommendations - Subrogation Publications - The issue of proration of the proceeds of subrogation arises because the standard fire insurance policy typically contains no language that explains how the recovery from a responsible third party is to be shared.
When an insured has a substantial deductible, suffers a coinsurance penalty, is underinsured or lacks insurance for damages recoverable against a tortfeasor, an issue of how proceeds are to be

Handling a Complex Marine Subrogation Matter: The Brightfield Allison [Subrogation Publications]

Publication - Subrogation & Recovery

Handling a Complex Marine Subrogation Matter: The Brightfield Allison - Subrogation Publications - Good morning, as noted, my name is Ray Letulle and I am a member of the firm that is your host today. I spent my undergraduate years at the United State Merchant Marine Academy which is located in Long Island at Kings Point, New York. One year of my education included sailing as a cadet on various merchant vessels which sailed to Europe, South America, South Africa and the Mediterranean. After graduation, I sailed as a

Construction Defect Recover Issues [Subrogation Publications]

Publication - Subrogation & Recovery - Insurance

Construction Defect Recover Issues - Subrogation Publications - As soon as it is determined that there is coverage for your insured’s property, the next inquiry is whether subrogation is possible for the loss. This paper will address the claims where it becomes clear there was some improper construction or construction defect that caused the loss.

Insurance Coverage For The Year 2000: Computer Problem [Subrogation Publications]

Publication - Subrogation & Recovery

Insurance Coverage For The Year 2000: Computer Problem - Subrogation Publications - When computers first came into being in the early 1960’s, computer memory was a relatively expensive commodity. As a result, most computer languages and the software applications that employed those languages used a 6-digit format for inputting dates. This is frequently abbreviated as MM/DD/YY; two digits and only two digits were used to input the month (M), the day (D), and the year (Y). The software

Regional Update On The Ecomic Loss Doctrine [Subrogation Publications]

Publication - Subrogation & Recovery

Regional Update On The Ecomic Loss Doctrine - Subrogation Publications - This seminar, Regional Update on the Economic Loss Doctrine, and written materials address the economic loss doctrine as its stands today in several jurisdictions. These written materials provide you with a general overview of the economic loss doctrine, specifically address recent trends in the Midwest, and provide a status update on the economic loss doctrine in

Loss Site Investigations - An Overview [Subrogation Publications]

Publication - Subrogation & Recovery

Loss Site Investigations - An Overview - Subrogation Publications - I. Introduction
A. Overview of Presentation
B. Special Focus:
1. Elimination of other reasonable potential causes for a loss.
2. Spoliation of evidence and evidence retention.

Pipe Freeze Ups: Subrogation Considerations [Subrogation Publications]

Publication - Subrogation & Recovery

Pipe Freeze Ups: Subrogation Considerations - Subrogation Publications - 1. Consider retention of legal counsel to supervise subrogation investigation; to permit adjuster to be involved in the immediate adjustment problems. Even with the liberalization of discovery rules, protection is still granted to work product of counsel.
2. Consider immediate engagement of expert (may require hands on trade person, such as a plumber, mechanical engineer, metallurgist, etc.).

Y2K - A New Millennium of Subrogation and Recovery Claims [Subrogation Publications]

Publication - Subrogation & Recovery

Y2K - A New Millennium of Subrogation and Recovery Claims - Subrogation Publications - The legal issue here involves insurance coverage for what is variously known as the “Year 2000,” “Y2K,” or “Millennium” bug or virus problem. This is a potential time bomb that may shut down many of the world’s computers or cause them to act erratically on or before January 1, 2000. As a starting point, therefore, it is important to understand exactly what the Y2K virus is and how it can be fixed.

Expert Selection [Subrogation Publications]

Publication - Subrogation & Recovery

Expert Selection - Subrogation Publications - 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.

Avoiding the Statute of Repose [Subrogation and Recovery Articles and Papers]

Publication - Subrogation & Recovery

Avoiding the Statute of Repose - Subrogation and Recovery Articles and Papers - 15 pgs total, '99. These statutes prevent persons from bringing actions for injuries caused by improvements to real property after a certain period of time has passed from the date of construction of the improvement. In conjunction with the tort reform movement, a number of states have adopted statues of repose. This paper focuses on cases where a statute of repose may apply for the purpose of determining whether a statute of repose can be avoided in a particular case or jurisdiction.

Basis And Advanced Theories of Recovery In Property Damage Subrogation Claims [Theories of Subrogation]

Publication - Subrogation & Recovery

Basis And Advanced Theories of Recovery In Property Damage Subrogation Claims - Theories of Subrogation - Elements of Proof
Duty
Breach of Duty
Causation
Damages

Stephen A. Cozen Receives Distinguished Citizen Award from Boy Scouts of America's Cradle of Liberty Council

Press Release

Stephen A. Cozen Receives Distinguished Citizen Award from Boy Scouts of America's Cradle of Liberty Council

Stephen A. Cozen Receives Distinguished Citizen Award from Boy Scouts of America's Cradle of Liberty Council

Press Release

Discussion of a Complex Marine Subrogation Claim, Including Selection and Use of Experts [Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine]

Publication - Subrogation & Recovery

Discussion of a Complex Marine Subrogation Claim, Including Selection and Use of Experts - Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine - 11 pgs total. THE LITIGATION and USE AND SELECTION OF EXPERTS as applied to Bright Field allision. As a result of this “allision,” as this is termed in maritime circles, Cozen O’Connor was requested to represent a number of property underwriters involved with numerous insureds. At first glance, especially by someone not familiar with maritime law, it would appear as if this would be a simple case to recover damages. However, there was little that was simple in regard to this litigation.