In the multi-district litigation arising out of Chinese manufactured drywall, Judge Fallon of the United States District Court for the Eastern District of Louisiana issued an Opinion on April 8, 2010 finding in favor of plaintiff homeowners and awarding in excess of $2.6 million in damages against Taishan Gypsum Company. Additionally, Judge Fallon found that...
The United States Court of Appeals for the Ninth Circuit recently explained the limited applicability of California’s “made-whole” rule which may preclude an insurer from recovering any third party funds unless and until the insured has been made whole for the loss. In Chandler v. State Farm Mutual, the court opined that “an insurer is permitted to recoup...
Legal reform is slowly but surely sweeping Mexico’s legal system. Mexico’s centuries-old legal system is being transformed into a system where oral trials will be publicly presented to the assigned judge. This new system will require judges to hear evidence orally, instead of through written briefs and memorandum. The oral system will allow more transparency and accountability to...
Subrogation cases are often won, and lost, within the first few days of the incident. Consider employing the following steps to maximize your recovery potential: 1. Get an attorney and experts involved immediately. If possible, have your attorney involved from the start. This gives the attorney an opportunity to inspect the scene, secure evidence and...
At the end of last year the United States Supreme Court granted certiorari in two consolidated cases, Kawasaki Kisen Kaisha v. Regal-Beloit Corporation, No. 08-1553, and Union Pacific Railroad Company v. Regal-Beloit Corporation, No. 08-1554, to determine whether the inland portion of an intermodal shipment is subject to the Carmack Amendment even when no separate...
The Freedom of Information Act (“FOIA”) can be a useful tool that subrogation professionals can employ to effectively gather information to build a successful products liability claim. In cases where a loss is caused by a defective product, a simple FOIA request to the Consumer Products Safety Commission (“CPSC”) can produce a veritable treasure trove of documents of...
The flammability of approved cigarettes is of great importance to insurers as significant property damage occurs each year from carelessly discarded smoking materials. According to NFPA’s 2008 article U.S Smoking-Material Fire Problem, in 2006 over $606 million dollars of property damage occurred due to smoking materials. In order to try and reduce the number of fires related...
Colorado’s legislature is considering passing a bill that would limit subrogation in personal injury cases. House Bill 10-1186 is aimed at situations where the insured would not be made whole if the insurer was allowed to recover its payments through subrogation. In other words, if there is a limited pool of money to go around,...
