Barrett Kiernan

Sales Website May Be Sufficient For Jurisdiction Over Foreign Corporation [Subrogation & Recovery Law Blog]

January 16, 2016

Courts may be willing to exercise jurisdiction over a foreign entity in a civil action based solely on a website that solicits sales throughout the United States without specifically targeting one state or its residents. Recently, a trial court denied a motion to dismiss by foreign entity defendant...

Right to Repair Act Issues [Subrogation & Recovery Alert]

July 28, 2014

Burch v. Superior Court followed a similar opinion by the court in Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (2013) 219 C.A.4th 98, and reiterated that (1) California’s Right to Repair Act (California Civil Code § 895 et. seq.) is not the exclusive remedy for a homeowner seeking damages for construction defects that have caused property damage, (2) the Act does not limit or preclude common law claims for such damages, and (3) a home builder can owe a duty of care to prospective purchasers of a home.

Exhaust Fan Fires: Crimp Connection Failure and the Melted Copper "Smoking Guns" [Subrogation & Recovery Law Blog]

February 04, 2013

Exhaust fans commonly found in the ceilings of bathrooms and laundry rooms cause many residential fires and fires in commercial and industrial buildings. Exhaust fan fires have caused more than $50 million in property damages.[1] Exhaust fan fires are frequently ignited by electrical arcing in...

Defenses in a Product Liability Claim [Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers]

January 13, 2006

Defenses in a Product Liability Claim - Subrogation and Recovery Theories of Liability - Subrogation and Recovery - Articles and Papers - 3 pgs total. This article is intended to provide only a brief description of the defenses available to product liability claims. State courts across the country have addressed these defenses and have adopted unique nuances with respect to their applicability. This article of limited scope does not address the approaches adopted by each state.

Joint Pursuit of Recovery with an Insured: Issues for the Subrogating Carrier to Consider [Subrogation and Recovery - Articles and Papers]

January 13, 2006

Joint Pursuit of Recovery with an Insured: Issues for the Subrogating Carrier to Consider - Subrogation and Recovery - Articles and Papers - 12 pgs total. The subrogation claim of an insurance carrier does not always include all the damages incurred by an insured which are potentially recoverable from responsible parties as a result of the loss. The insured may possess a claim in addition to the subrogation claim if the policy included a deductible or if the insured incurred damages outside the scope of coverage provided by the policy.

Webinar: Ethical Issues and Technology

February 15, 2018

2017 CLM Orange County Chapter Education & Networking

September 20, 2017

Webinar: Ventilation Fan Fires

March 14, 2017