Category

Damages
Fires resulting from spontaneous combustion of self-heating products such as oil-based stains and certain cooking oils are relatively common. Typically, soiled linens, rags and sawdust are saturated with such products and serve as the first fuel for the fire. In recent years, there has been an increase in restaurant fires involving the spontaneous combustion of...
Undoubtedly, scene investigations are critical for subrogation recovery.  There are many things to handle and to consider with respect to scene investigations, including gathering needed evidence, avoiding spoliation, etc.   However, subrogation professionals should not forget that before it was a loss scene, it was someone’s home or place of business.  The relationship that the...
In light of recent jurisprudence in Canada, the short answer is yes, if the business interruption losses stem from, or constitute, direct damages themselves.  And no, if the losses arise from consequential damages. Direct damages can be described as damages that have arisen naturally from the cause of the loss. This includes damages due to...
Over the years that I have practiced as a subrogation attorney, I have seen a lot of terrible and damaging fires that could have easily been avoided, but none are more frustrating than those that occur where there has been a code violation.  Below are a few examples of laws spanning the country which increasingly...
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)...
Changes to the Riot Act that will hit insurers look set to go ahead following Parliament’s recent second reading of the Riot Compensation Bill. The draft Bill, which will replace the Riot (Damages) Act 1886, was the subject of debate at the House of Commons on Friday, 4 December 2015, when it was welcomed as...
On April 27, 2015 protests in Baltimore, Maryland regarding the death of Freddie Gray escalated into violent riots. These riots resulted in extensive and significant property damage throughout the city. Often, such damages are covered by insurance companies that insure the affected properties. In the aftermath of such events, questions arise as to whether any...
Confronted with a bevy of wildfire and flood claims, public and private utilities frequently contend that the instrumentality responsible for causing damage does not constitute a “public use” required for an inverse condemnation claim. The California Court of Appeals, Second Appellate District, in the City of Pasadena v Superior Court recently addressed whether a tree...