On January 23, 2017, Samsung announced that poorly designed and manufactured batteries are to blame for the fires associated with its Galaxy Note 7 phones. The announcement comes after months of investigation by Samsung and three independent industry organizations. The investigation revealed problems with both the batteries that were originally used in the phone during...
As most attorneys involved in civil litigation are aware, Rule 26(b)(4) of the Federal Rules of Civil Procedure was amended in 2010 to “address concerns about expert discovery.” ADVISORY COMMITTEE NOTES TO 2010 AMENDMENTS. Specifically, the Advisory Committee was concerned about the “undesirable effects” of “routine discovery into attorney-expert communications and draft reports.” Id. Therefore,...
Establishing the cause of a fire through the process of elimination has been a hot topic in recent years, both among subrogation professionals as well as inside the National Fire Protection Association (NFPA). In 2011, NFPA explicitly rejected negative corpus as a reliable methodology in fire investigation. Specifically, NFPA 921-18.6.5 (2011) provided: Inappropriate Use of...
In a recent decision, the Connecticut Supreme Court provided valuable clarification regarding the application of the make whole doctrine in Connecticut. Fireman’s Fund Ins. Co. v. TD Banknorth Ins. Agency, Inc., — A.3d — , 309 Conn. 449 (Conn. July 30, 2013). The case arose out of an insurance coverage dispute. In 2005, Haynes Construction...
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...