A 2018 N.Y. Court of Appeals case has shed light on the limitations of privacy settings on social media accounts. Previously, a user might have thought that marking a post or photo “private” would be sufficient to shield it from…
Blog Archives
Oregon Court Orders Teen to Repay $37M for Starting Wildfire
In September 2017, a 15-year-old threw two fireworks into Oregon’s Eagle Creek Canyon, sparking a huge wildfire that destroyed several homes and impacted tourism in the area. The teenager pleaded guilty to reckless burning of public and private property, and…
Snow: A Skier’s Delight, a Rooftop’s Demise
As winter approaches and snow and ice begin to cover parts of the nation, property owners in the affected areas will begin to rely upon snowmelt systems to keep roofs free of snow and ice. In recent years, to avoid…
Fire Prevention Week – Reflection on the Great Chicago Fire of 1879
As part of Fire Prevention Week (October 7-13), it is timely to reflect on NFPA’s video on the Great Chicago Fire of 1879. The link to the video can be found here. While many lessons have been learned in fire…
Oregon Supreme Court Clarifies Product Liability Statute of Repose
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…
Tagged with: "Miller v. Ford", repose, Subro, Subrogation
Posted in Product Liability, Statute of Limitations, Subro Round-Up
Posted in Product Liability, Statute of Limitations, Subro Round-Up
The Insured Was On Vacation When…
After handling any sizeable amount of subrogation claims involving water damage, you may have asked yourself, “why is the insured always on vacation when a loss occurs?” In fact, most of the loss descriptions on the Notice of Loss will…
High Court in England and Wales Rules on Waivers of Subrogation in Construction Project
High Court in England and Wales holds that project insurers can bring a subrogation claim against a sub-contractor on a project where the sub-contractor has expressly agreed to obtain separate insurance cover for the project. Haberdashers’ Aske’s Federation Trust v Lakehouse…
Tagged with: "waiver of subrogation", Lakehouse, Subro, Subrogation
Posted in Subro Waivers and Limitations of Liability
Posted in Subro Waivers and Limitations of Liability
Proof of Purchase: Need Adequate Support that an Alleged Seller Indeed Sold the Defective Product
A recent opinion from the U.S. District Court for the Northern District of Alabama highlights how the failure to identify the seller of a defective product can lead to dismissal. In Jackson v. Wal-Mart Stores, Inc., No. 2:17-cv-00634-AKK (N.D. Ala.)…
Tagged with: "Jackson v. Wal-Mart", "proof of purchase", receipt, Subro, Subrogation
Posted in Product Liability
Posted in Product Liability
Utah – Filing Suit in Name of Carrier Confirmed
In July of 2016 Leslie Hulburt and I reported that the Utah Appellate Court recently issued a decision, if read out of context, could be used to suggest that a subrogation case in Utah must be brought in the name…
Tagged with: "name of carrier", "name of insured", Subro, Subrogation, Utah, Wilson
Posted in Subro Round-Up
Posted in Subro Round-Up
Negotiation Strategies for Subrogation Cases Simplified from a Toddler’s Point of View
Toddlers are indeed the best of the best when it comes to negotiating. Every parent is put to the test when it comes to enforcing the rules and avoiding temper tantrums. Even the savviest of attorneys have caved when dealing…
