In light of the recent news headlines involving NSA’s PRISM surveillance program, it probably should not surprise us, but big brother is watching You. For some time now, police in an increasing number of states across the country have been using “license plate readers.” These devices collect various amounts of data, including photographs, and time...
Most attorneys and claims professionals are accustomed to thinking of a party’s retained expert as being the “property” of that party for the purposes of litigation, whether that expert is designated for testimony or as a non-testifying consultant. A 2011 decision from the U.S. District Court for the Western District of Oklahoma, however, suggests...
A recent Washington case shows that establishing a “taking” is just the beginning of an inverse condemnation claim. Like many jurisdictions, Washington allows landowners to bring an inverse condemnation claim—similar to a 5th Amendment eminent domain claim that the government can bring—when they can show that a governmental entity harmed their property interests. However, there...
In a recent case out of the Seventh Court of Appeals of Texas, the court considered whether a waiver of subrogation provision waived an insurer’s claim for its insured’s uninsured losses or deductible. Am. Zurich Ins. Co. v. Barker Roofing, L.P., 387 S.W.3d 54, 66 (Tex. App.—Amarillo 2012, no pet.). In deciding this issue, the...
If you are a subrogation professional who handles construction defect claims in Texas, you may have heard references to the case of Ewing Construction Company v. Amerisure Insurance Company, 684 F.3d 512 (5th Cir. 2012). In Ewing, the Fifth Circuit Court of Appeals held that an insurer had no duty to defend its insured subcontractor...
A severe recent federal court decision in New York state emphasized the importance of having your subrogation counsel identify and notify the insurer for potentially responsible parties of subrogation claims as soon as possible. In 2008, the New York legislature amended Insurance Law § 3420 to require an insurer, in disclaiming liability coverage in which...
A California court has given new meaning to the judicial maxim “on a clear day you can foresee forever!” In Collins v Navistar 2013 DJAR 4169, the Court of Appeals, Third Appellate District, held that a manufacturer could be held strictly liable for damages allegedly caused by a defectively designed truck windshield. In Collins, it...
Can a landlord’s insurer subrogate against a negligent tenant in Indiana? Before answering, be sure you are aware of recent caselaw in Indiana on the issue. Indiana Courts have addressed this issue two times, and their recent decision confirms that courts in Indiana are to look at the individual facts of the case and the...
“This is a maritime case about a train wreck” is how Supreme Court Justice Sandra Day O’Connor began the 2004 Supreme Court decision in Norfolk Southern v Kirby, 543 U.S. 14 (2004). Since Kirby, other cases have tested legislative overlaps and conflicts when goods are transported using over water and land using "through bills of...
Imagine that your insured’s house has caught on fire, but when a firefighter attempts to connect the water hose to the hydrant nearest the home, he cannot open the valve because he turned the valve in the wrong direction, breaking the stem of the hydrant. The firefighter moves on to the next hydrant, but that...
