The California Supreme Court in the case of Randall v. Costco Wholesale Corporation, 2009 DJD 16727 upheld the attorney-client privilege set forth in Evidence Code §954. The privilege attaches to any legal advice given in the course of an attorney-client relationship, regardless if the communication contains unprivileged material. Costco Wholesale Corporation (“Costco”), retained counsel to provide...

The Delaware Superior Court recently ruled that despite the existence of an express waiver of subrogation in a condominium association’s CC&R’s, a chimney sweep could pursue a contribution claim against the unit owner where a fire started under the Delaware Uniform Contribution Among Joint Tortfeasor’s Act.  In Fireman’s Insurance Company v. Fire-Free Chimney Sweeps, Inc.,[1]...

Cozen O’Connor attorneys successfully argued in the Delaware Superior Court that the adoption of a National Fire Protection Association standard by an administrative agency defined the standard of care for work performed by a chimney sweep. The Court accepted the argument advanced on behalf of a subrogating insurance carrier for a condominium association that a chimney sweep...

With a global economy more and more products are being shipped to the United States from foreign countries daily.  When these products fail, it is expensive and time consuming to seek recovery from the foreign manufacturer.  But before throwing out your products claim, look at your state’s laws on pursuing those entities in the chain...

A. What is A Standard Mortgage Clause? First-party property insurance policies usually contain one of two types of mortgagee clauses: i) a loss-payable clause; or ii) a standard mortgage clause. i)          The Loss-Payable Clause: This type of clause merely provides that insurance proceeds shall be paid to a mortgagee as "its interests may appear."...