Year

2012
In a subrogation case, what type of evidence is required to prove real property damages at trial? Many times, the only evidence of damages that is readily available is the property adjuster’s Xactimate estimate and testimony. As of late, this type of evidence is no longer sufficient. In McGinty v. Hennen, Texas Supreme Court held...
Smart Meters are high tech devices being installed by utility companies to provide two-way wireless transmittal of information to and from a utility to track energy use more accurately and to enable utility companies to monitor power distribution load and usage and to remotely shut off electricity. While there have been some concerns regarding privacy...
Most attorneys in voir dire in a subrogation jury trial will ask some variation of the following question: "Ladies and gentlemen of the jury, please raise your hand if any of you do not believe you can be fair and impartial to my client XYZ Insurance Company because they are an insurance company and not...
Over the last few years, the Arizona legislature and Arizona courts have been dealing with the implementation of Federal “Daubert” standards for the admissibility of expert testimony in Arizona state courts. After initial legislative action was held unconstitutional, the Arizona Supreme Court ultimately amended Arizona Rule 702, effective January 1, 2012, to conform to the...
In anticipation of the London 2012 Olympic Games starting today, the International Olympic Committee (IOC) has faced a myriad of issues, not least the risks, relating to insuring an event that the UK Defence Secretary, Philip Hammond, described as “the biggest security challenge this country has faced for decades”. A quick glance at the sheer...
 A recent decision by the Ontario Superior Court of Justice serves as a reminder of how contractual language in lease agreements may permit recovery against a negligent party in subrogated claims. In Designer Collection Sales Inc. v. 161 Spadina Inc., (decided May 8, 2012) a frozen water pipe burst in an unoccupied upstairs unit of a...
Recorded Statements and Work Product Protection On June 25, 2012, the California Supreme Court rendered its decision on a critical issue for attorneys and investigators alike: Is a recorded statement taken by an attorney, or her/his agent, afforded attorney work product protection? For years, most attorneys in Southern California would respond “of course it’s protected!” This...
Imagine you are in the middle of a complicated fire subrogation case. Each side has multiple lay and expert witnesses. After your expert finishes testifying about the fire’s cause, one confused looking juror raises his hand with a clarification question for your expert. The judge informs the juror that this is not permitted, and you...
 A recent Oregon case offers a reminder that subrogating carriers need to carefully examine personal jurisdiction before pursuing an out-of-state defendant. In Robinson v. Harley Davidson Motor Company (Oregon Ct. App. 2012), Oregon resident Robinson was riding her Harley Davidson motorcycle in Idaho when she noticed a problem with the front wheel. Although she had...
On Thursday, March 22, 2012, the Colorado State Forest Service initiated a controlled burn on property owned by the Denver Water Board and located in Jefferson County, Colorado. This 50 acre prescribed burn was part of an ongoing fuel management program in the Lower North Fork area pursuant to a service agreement between the Colorado...
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