Category

Civil Procedure
As stated by Justice Abella in Sable Offshore Energy Inc. v. Ameron International Corp., “a Pierringer Agreement allows one or more defendants in a multi-party proceeding to settle with the plaintiff and withdraw from the litigation, leaving the remaining defendants responsible only for the loss they actually caused. There is no joint liability with the...
Litigants in New York now face new requirements for the production of liability insurance information at the onset of a civil action. The “Comprehensive Insurance Disclosure Act” (the “Act”) was signed into law by New York Governor Kathy Hochul on December 31, 2021. This legislation alters C.P.L.R. § 3101(f) with new requirements for defendants, third-party...
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...
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...
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...
In a recent opinion from the United States District Court for Kansas, the Court held that privileged communications given by an expert to opposing party’s counsel will remain protected under the work product privilege. The defendant’s expert in Lloyds of London Syndicate 2003 v. Fireman’s Fund Ins. Co. of Ohio accidentally included in his expert...
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,...
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...