In a recent opinion filed by the United States Court of Appeals for the Third Circuit in Liggon-Redding v. Sugarman, the Third Circuit decided that Pennsylvania Rule of Civil Procedure 1042.3, requiring the filing of a certificate of merit in malpractice cases, is substantive law that federal courts must apply under Erie v. Tompkins, 304...

A mobile crane collapse can cause devastating results in terms of production, property damage and personal injury. Despite the potential for significant costs, a mobile crane collapse can provide recovery opportunities depending upon the circumstances of the accident. The following is a summary of things to do and issues to consider to maximize your recovery...

A recent 5th Circuit Court of Appeals case held that spoliation of evidence may not necessarily be fatal to a product liability claim. The case, A.K.W. v. Easton-Bell Sports, Incorporated, et. al, 11-60293 (October 18, 2011) stemmed from a head injury to a minor, “A.K.W.”, that occurred during football practice while A.K.W. was wearing a...

There is a common misperception that a subrogee may never recover more than the amount of its subrogation interest. While it can be challenging to even make a 100% recovery, sometimes there are opportunities available to make a super-recovery – one in excess of the subrogation interest.  The simplest way to recover more than the amount...

An Illinois Appellate Court recently issued an opinion which may make subrogating against a negligent tenant more challenging. Auto Owners Ins. Company a/s/o John Ellis v. Thomas Callaghan, 952 N.E.2d 119 (Ill.App.3d 2011) involved a landlord’s carrier that sued a tenant who was leasing a house. The plaintiff insurer alleged that the tenant was negligent in starting...

A substantial body of law has emerged supporting the position that a plaintiff is entitled to recover the cost of conforming to updated building codes in repairing property damaged by a defendant’s negligence. Florida, Illinois, Missouri, Massachusetts, Minnesota, and Wisconsin all have authority affirming the recovery of code upgrade costs. The costs of code-compliance are...

A call comes in regarding a new large fire loss. Based on the preliminary information from the insured, it sounds like there may be subrogation potential. The adjuster promptly retains a cause and origin investigator to go to the scene. However, the cause and origin investigator shows up only to find that an overzealous restoration...

We are pleased to announce that this “Subrogation & Recovery Law Blog” has been nominated as a candidate for the LexisNexis Top 50 Insurance Blogs of 2011. Each year, LexisNexis honors a select group of blogs that it believes sets the standard for a particular industry. If you have enjoyed this blog, and would like to...

After indignantly waving their tariff in your face, electric utilities are quick to claim "lack of notice" when confronted with claims alleging that an electrical malfunction in the utility’s wiring and equipment caused a fire at your insured’s property. Many times, this defense deters further recovery efforts. But a thorough investigation of the utility’s pre-loss...

Thirteen fires and more than one million dollars in property damage have been caused by LG Dehumidifiers, prompting a recall. The Goldstar GHD30Y7, Goldstar DH305Y7 and Comfort-Aire BHD-301-C dehumidifiers are all included in the recall. The recalled units are distributed through The Home Depot, Walmart, Ace Hardware, Do It Best, Orgill and other nationwide retailers from January...