The Supreme Court of Minnesota recently adopted a case-by-case approach to analyze whether a landlord or landlord’s insurer may sue its tenant. Ram Mutual Insurance Company v. Rusty Rohde d/b/a Studio 71 Salon, ____N.W.2d ____, 2012 WL 3822155 (2012). The decision effectively overrules the court’s decision in United Fire & Casualty Co. v. Bruggeman, 505...
The recent Georgia decision of Royal Capital Development LLC v. Maryland Casualty Company, 291 Ga. 262, 728 S.E.2d 234 (Ga. 2012) opened a new world of claims for property insurers, in that the Court concluded that economic loss ensuing from property damage (in this particular case so-called “stigma damage” was at issue) was covered under...
In a large number of American homes, hot and cold water are supplied to kitchen and bathroom faucets by braided stainless steel water line connectors. In a significant number those homes, the under-sink space that encloses the braided steel water lines also serves as a storage space, frequently for cleaning products. The subrogation community is...
Just days after ending a disappointing football season, USC scored a major legal victory in the California Supreme Court. In Sargon Enterprises v. University of Southern California, 2012 DJAR 15846, a Court of Appeals ruling permitting expert testimony on potential lost profits was reversed. This case is significant as it brings California law on the...
This recurring series will discuss various materials, including engineered plastics, woods, metals, polymers, bio-polymers, and other composites, and evaluate real world failure modes and provide practice tips for the recovery professional. The first material discussed is cellulose insulation. Cellulose is an organic material derived from wood, and commonly used in the building industry to insulate. Cellulose...
Local government units, like municipalities, are protected from liability for tortious conduct under Illinois’ Local Government and Governmental Employees Tort Immunity Act. In general, an Illinois city or county cannot be held liable for acts considered discretionary government functions like the formation of policy and plans. However, local governments may be held liable for negligently performed acts...
This summer, in reviewing a filed lawsuit, the Second Circuit Court of Appeals made a determination as a matter of law on a matter of first impression, specifically holding that property owners in New York City have a non-delegable duty to maintain the structural integrity of adjoining walls, including party walls. According to the papers...
On October 10, 2012, Toyota Motor Corp. announced a worldwide safety recall of over 7.4 million vehicles, including approximately 2.5 million vehicles sold in the U.S., for a fire hazard associated with the power window controls. The recall is the result of an investigation launched in June 2012 by the United States National Highway Traffic...
The Supreme Court of Georgia recently held that stigma damages are potentially covered under a property insurance policy, leading to the possibility that the property insurer could pursue such damages in a subrogation action. Royal Capital Development LLC v. Maryland Casualty Company, 291 Ga. 262, 728 S.E.2d 234 (Ga. 2012). In Royal Capital, the insured...
The Supreme Court of Pennsylvania recently held that exculpatory clauses that relieve a party of liability for “recklessness” are invalid as against public policy. Tayar v. Camelback Ski Corp. Inc., 2012 WL 2913750,* 10 ___ A.3d ___ (July 18, 2012). After a detailed analysis and discussion of the law applicable to exculpatory clauses, the Supreme Court concluded...
