The Third District Court of Appeal of Florida recently brought us closer to clarity on Florida’s approach to when a landlord’s insurer can sue a tenant. State Farm of Florida Ins. Co. v. Loo, 2010 WL 445945 (Fla. 3d DCA Feb. 10, 2010). For the most part, jurisdictions adopt one of three approaches in this context:...
It’s every horseman’s nightmare—a trailer accident. There are many causes of these accidents, but in the chaos of attempting to remove the horses and tend to their wounds (or worse), questions that could pave the way for a subrogation opportunity often go unanswered. This post will discuss some of the primary reasons for trailer accidents, and subrogation...
Mutual consent and court ordered mediation is becoming more prevalent as a means to resolve matters in conflict as litigation costs escalate and court calendars suffer from over-crowding, greater demand and budgetary constraints. While mediation is a valuable forum to access for all parties, there are specific areas which are often overlooked in preparing a matter...
Chlorinated polyvinyl chloride ("CPVC") has been used in potable water distribution systems since the 1960s. More recently, CPVC has been used in high rise fire suppression piping systems. Within the last decade, failures in these systems have been identified raising questions as to (1) the appropriateness of CPVC and (2) the suitability of CPVC when mated with steel piping. ...
Have you ever experienced the following all-too-common frustrating subrogation scenario: Your cause and origin expert determines that a fire started from a particular product but, after destructive examination of the product, your engineer is unable to identify the defect which caused the product to fail. Even though you cannot identify the specific defect, you are not necessarily out...
In the multi-district litigation arising out of Chinese manufactured drywall, Judge Fallon of the United States District Court for the Eastern District of Louisiana issued an Opinion on April 8, 2010 finding in favor of plaintiff homeowners and awarding in excess of $2.6 million in damages against Taishan Gypsum Company. Additionally, Judge Fallon found that...
The United States Court of Appeals for the Ninth Circuit recently explained the limited applicability of California’s “made-whole” rule which may preclude an insurer from recovering any third party funds unless and until the insured has been made whole for the loss. In Chandler v. State Farm Mutual, the court opined that “an insurer is permitted to recoup...
Legal reform is slowly but surely sweeping Mexico’s legal system. Mexico’s centuries-old legal system is being transformed into a system where oral trials will be publicly presented to the assigned judge. This new system will require judges to hear evidence orally, instead of through written briefs and memorandum. The oral system will allow more transparency and accountability to...
Subrogation cases are often won, and lost, within the first few days of the incident. Consider employing the following steps to maximize your recovery potential: 1. Get an attorney and experts involved immediately. If possible, have your attorney involved from the start. This gives the attorney an opportunity to inspect the scene, secure evidence and...
