After handling any sizeable amount of subrogation claims involving water damage, you may have asked yourself, “why is the insured always on vacation when a loss occurs?” In fact, most of the loss descriptions on the Notice of Loss will start with the sentence, “The insured was on vacation when…” It seems by a superficial...

Toddlers are indeed the best of the best when it comes to negotiating. Every parent is put to the test when it comes to enforcing the rules and avoiding temper tantrums. Even the savviest of attorneys have caved when dealing with their kids. There are some lessons we can learn from these little, but fierce...

Annually, the first full week of May is known in California as “Wildfire Awareness Week”. This provides CAL FIRE the opportunity to highlight the importance of wildfire prevention and preparedness. This year, with fires on the rise in California, CAL FIRE has launched a phone app to prepare individuals for the next wildfire. The app...

There are many impediments to a successful investigation of a product liability claim – age of the product, preservation of evidence, chain of custody of the evidence, installation markings, etc. This article will discuss situations where there is a lack of identifying information on the product. Products Lacking Manufacturer Identification Picture the scenario where the insured...

Both real and artificial trees can and do burn causing fire damage; unfortunately, ‘tis the season. As expected, Christmas tree claims arise through the seasonal months of November, December, and January. The National Fire Protection Association (NFPA) estimates of reported home structure fires, derived from the U.S. Fire Administration’s National Fire Incident Reporting System (NFIRS)...

Writing Contentions: Every student learns how to “IRAC” in law school, and every lawyer hears repeated lectures from professors, judges, and veteran attorneys on the importance of effective brief writing. All that you have heard and learned should still be utilized in your contention writing for Intercompany Arbitration Forums. Your efforts should not be lowered...

Your standard case involves a loss caused by an insured party. Whether or not that party is actively participating, the carrier is bound by its duty to defend (as defined by California Insurance Code section 533.5(c)), and at least the policy limits can be up for grabs. Of course, in order for that carrier to...