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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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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
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.
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January 01, 2000
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
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January 01, 2000
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
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January 01, 2000
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
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January 01, 2000
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
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January 01, 2000
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.
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January 01, 2000
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
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January 01, 2000
Publication - Subrogation & Recovery
Enforceability of Foreign Jurisdiction Clauses in Ocean Bills of Lading - Subrogation Publications - As is generally known, the law relating to the liability for the carriage of goods is governed by the Carriage of Goods by Sea Act, 46 U.S.C. §1300 et seq. (COGSA), which was enacted in 1936 “to define by law the rights and liabilities of water carriers and shippers in foreign commerce.” COGSA thus prescribes the rights and responsibilities of common carriers and the rights and responsibilities of shippers and
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January 01, 2000
Publication - Subrogation & Recovery
THEORIES OF LIABILITY IN SUBROGATION CASES - Subrogation Publications - I. BACKGROUND
A. THE NEED TO FULLY DEVELOP OPERATIVE FACTS RELEVANT TO CAUSE AND ORIGIN
B. INTRODUCTION TO THE FIVE BASIC THEORIES OF LIABILITY IN SUBROGATION
1. NEGLIGENCE OR TORT
2. CONTRACT OR WARRANTY
3. PRODUCTS LIABILITY OR STRICT LIABILITY (§402a RESTATEMENT OF TORTS 2d)
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January 01, 2000
Publication - Subrogation & Recovery
Y2K: The First Party Property Perspective - Subrogation Publications - Much has been written about the potential for insurance claims arising from Y2K-related losses. The following article explores several of the key considerations and issues that will no doubt surface in connection with first party property claims traceable to the Year 2000 problem.
1. Fortuity
For most typical property forms, coverage is
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January 01, 2000
Publication - Subrogation & Recovery
Regional Subrogation Practice Update Midwest Law And Procedure - Subrogation Publications - Spoliation is the destruction of or failure to preserve evidence for another’s use in pending or future litigation. See Minn-Chem, Inc. v. Richway Indus., Inc., No. C1-99-1963, 2000 WL 1066529 (Minn. App. Aug. 1, 2000). Spoliation issues may arise in products liability cases when evidence has been lost, altered, or destroyed during testing, and in fire cases when a party to a lawsuit (or third party) fails to preserve or
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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
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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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
Selection Excerpts from Volumes Ones and Two of the Cozen O'Connor Fire Suppression Task Force Report - Cozen O'Connor Whitepaper - Regarding theories of liability arising from the failure to properly detect and/or suppress a fire, this will address issues arising from an insured’s negligence in causing or allowing the fire to occur; the contractual based defenses typically contained in alarm contracts; and the potential liability of a prior land owner, for undisclosed dangerous conditions on the property.
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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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