How airtight is a confidentiality provision in a settlement agreement? In a recent case out of Florida, the court protected a confidential settlement agreement from disclosure to a remaining party. Wal-Mart Stores, Inc. v. Nicolette Strachan et al., ___ So. 2d __, 36 Fla. L. Weekly D2262, Case No. 4D11-2539 (Fla. 4th DCA Oct. 12, 2011). However,...
Fine art losses come in many shapes and sizes. Oftentimes, fine art is a relatively small piece of a homeowner’s or commercial property claim. Occasionally, however, the art represents the vast majority of a claim. You may have heard of the story in 2006 about casino mogul, Steve Wynn, who accidentally poked a hole in...
When to draft an expert report is an area of disagreement amongst subrogation professionals, attorneys and experts. Typically the attorney will request that an expert wait to draft a report until discovery is complete and the deadline to designate testifying experts is on the horizon. Conversely, most adjusters ask for a report as soon as...
Over the last several years, the insurance industry has experienced significant losses due to wildfires. In many instances, the wildfires resulted from the carelessness of a camper, or the criminal conduct of an arsonist. Wildfires have also been caused by damaged power lines, or fallen utility poles. One other potential cause of large-scale wildfires involves...
In a recent opinion filed by the United States Court of Appeals for the Third Circuit in Liggon-Redding v. Sugarman, the Third Circuit decided that Pennsylvania Rule of Civil Procedure 1042.3, requiring the filing of a certificate of merit in malpractice cases, is substantive law that federal courts must apply under Erie v. Tompkins, 304...
A mobile crane collapse can cause devastating results in terms of production, property damage and personal injury. Despite the potential for significant costs, a mobile crane collapse can provide recovery opportunities depending upon the circumstances of the accident. The following is a summary of things to do and issues to consider to maximize your recovery...
A recent 5th Circuit Court of Appeals case held that spoliation of evidence may not necessarily be fatal to a product liability claim. The case, A.K.W. v. Easton-Bell Sports, Incorporated, et. al, 11-60293 (October 18, 2011) stemmed from a head injury to a minor, “A.K.W.”, that occurred during football practice while A.K.W. was wearing a...
There is a common misperception that a subrogee may never recover more than the amount of its subrogation interest. While it can be challenging to even make a 100% recovery, sometimes there are opportunities available to make a super-recovery – one in excess of the subrogation interest. The simplest way to recover more than the amount...
An Illinois Appellate Court recently issued an opinion which may make subrogating against a negligent tenant more challenging. Auto Owners Ins. Company a/s/o John Ellis v. Thomas Callaghan, 952 N.E.2d 119 (Ill.App.3d 2011) involved a landlord’s carrier that sued a tenant who was leasing a house. The plaintiff insurer alleged that the tenant was negligent in starting...
A substantial body of law has emerged supporting the position that a plaintiff is entitled to recover the cost of conforming to updated building codes in repairing property damaged by a defendant’s negligence. Florida, Illinois, Missouri, Massachusetts, Minnesota, and Wisconsin all have authority affirming the recovery of code upgrade costs. The costs of code-compliance are...
