Claims handlers for insurers of goods being transported by road in Europe would be well served to familiarize themselves with what is commonly referred to as the “CMR Convention” (“CMR”). The CMR (which became operative in July of 1961) is actually entitled the “Convention on the Contract for the International Carriage of Goods by Road”...

  Injuries to horse and rider often occur on a third party’s property. It is becoming more commonplace for horse trainers and stables to have the rider and/or horse owner sign a release of liability before any riding or boarding can take place. There are many factors to consider in determining whether a release of...

Last month, Viking Range, LLC recalled approximately 750 42-inch and 48-inch built-in side-by-side refrigerator freezers with in-door water and ice dispensers that were manufactured between October 2012 and May 2013. Electrical connectors in the refrigerator freezer wiring harness can overheat which poses a fire hazard. According to the Consumer Product Safety Commission recall, Viking has...

In New York Schools Insurance Reciprocal v. Milburn Sales Co., Inc., 963 N.Y.S. 2d 152, 105 A.D.3d 716 (2nd Dep’t 2013), the New York Appellate Division, Second Department, narrowed the protection afforded by the work-product doctrine to investigations performed by independently retained experts. The Second Department reversed the trial court’s decision and held that work...

A recent Illinois appellate court opinion illustrates how a construction manager may be found to have entrusted work to a trade contractor and, ultimately, how the construction manager can be held liable for the acts of the trade contractor. Construction managers generally do not enter into contracts directly with the contractors who perform work on...

Heavy equipment fires occur frequently and can lead to substantial losses. The loss of the equipment itself is often compounded by the insured’s loss of use of the equipment.  For businesses that rely extensively on heavy equipment (e.g., agricultural and construction businesses), the loss of use/business interruption claim arising from such a fire can be...

  A challenge to an expert opinion based on ipse dixit grounds differs from many Daubert motions in that is does not contest the expert’s qualifications but instead solely attacks the expert’s opinion as conclusory. Since the Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., lower federal court rulings reveal you must do...

Most subrogation professionals have encountered a strong subrogation claim against a negligent third party who does not have his or her own liability coverage, but whose relative – most likely a parent –has a homeowner’s policy which may cover the individual’s liability. The key factor in determining whether the homeowner’s liability policy will apply is...

Last week Schneider Electric recalled over 15 million surge protectors that pose a fire hazard to consumers and their property. Schneider issued a recall on select model American Power Conversion (APC) series 7 and 8 surge protectors that it manufactured between 1993 and 2002. The products were sold nationwide at retailers like Best Buy, Circuit...

The California Court of Appeals recently provided clarity as to whether parties are entitled to contractually agree to a shorter statute of repose period. In Brisbane v. Webcor, Plaintiff and Appellant Brisbane Lodging, L.P. recently appealed summary judgment granted in favor of Defendant Webcor Builders, Inc. and Webcor Builders (“Webcor”) in a construction defect case....