Category

Legal and Evidentiary Issues
When evaluating the potential recovery for pursuing a subrogation action, insurance carriers must consider to what extent, if any, its insured negligently contributed to its injuries. Accounting for the insured’s potential liability is a significant part of the cost-benefit analysis for pursuing any subrogation claim.  But in certain circumstances, the carrier may be concerned that...
Evidence of a defendant’s liability insurance is typically precluded from trial to prevent a jury’s decision being prejudiced by the source of potential funds. However, whether this same principle should apply to evidence of first party property insurance when a carrier pursues a subrogation claim has been somewhat murkier. The Massachusetts Court of Appeals recently...
It seems like a deceivingly simple question as most attorneys assume statutes of limitations apply to all proceedings, despite the forum. However, this is not the case. The answer to whether a statute of limitations applies to your arbitration claim depends on the following questions: Has your state legislature or court decided that statutes of...
The Economic Loss Doctrine (ELD) is a legal principle that bars negligence claims when damages are deemed purely “economic.” While more commonly applied in product defect cases, limited jurisdictions may also use the ELD to bar negligent construction claims.  And in these instances, a plaintiff’s property damage claim may be required to stem from a...
The loss involves a property damage subrogation matter arising out of extensive water damage caused by the negligent and careless failure to correct a dangerous defective condition and negligent and improper installation of flashing and roofing membrane on or about September 4, 2017. The water leak resulted in damage to a residential condominium building in...
Oftentimes, in claims arising out of losses on construction projects, the insurer will need to undertake a detailed analysis as to whether a potentially responsible general contractor or subcontractor can be pursued for its negligent acts or omissions that resulted in the damages.  Contractors repeatedly raise defenses to claims by insurers by relying upon purported...
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...
If you are handling or investigating any water losses due to the failure of certain InSinkErator brand F-201 instant hot water filter systems, you may be able to benefit from a class action settlement. A class action suit, entitled Richard Desio et al v. InSinkErator et al., was brought in the U.S. District Court for...
The world is watching live updates of the destruction, as flames take over the Norte Dame Cathedral fire in Paris, France.  Not every building fire or water loss captures media attention, not even the local news broadcast.  However, conducting a search for newspaper articles, news broadcasts, fire department facebook updates, police department twitter feeds, etc. can...
In a 2014 blog post, I reported on Oregon’s expanded product liability statute of repose (“SOR”). The point of that previous blog post was that in 2009 the Oregon legislature made an important revision to its SOR. First, the legislature extended the SOR from 8 years to 10 years. Second, and more importantly, the legislature...
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