Since the mid-1980’s, virtually all Commercial General Liability (CGL) policies have contained some form of a total (or absolute) pollution exclusion. The 1988 ISO total pollution exclusion endorsement provides that there is no liability coverage for “property damage…which would not have occurred in whole or in part but for the…discharge, dispersal, seepage, migration, release or...

Many states require that subrogation carriers demand the insured’s deductible as part of a pre-suit subrogation demand. For example, in California the Insurance Code requires that subrogating carriers include the insured’s deductible in any demand to a third party tortfeasor, and share subrogation recoveries on a proportionate basis with the insured, unless the insured already...

“Hello Dave.” In 1968, director Stanley Kubrick introduced the world to an interactive, albeit maniacal, talking computer named Hal in “2001: A Space Odyssey.” Fast forward to 2013, and not only do such computers generally exist, they are now prevalent in everyday items, including in the iPhone. With “Hello, Siri,” science fiction has become reality....

The timing and sequence for disclosing expert opinions may have a significant impact on recovery. Most subrogation professionals are aware that expert testimony is critical in proving a strict products liability case. But, in addition to the substance of expert testimony, the timing and sequence of disclosing your expert’s testimony may also be critical. Expert...

What are “Doe” amendments to a complaint? How can Doe amendments avoid statute of limitation defenses? What is the effect of serving one defendant out of many before the statute of limitations runs? Those questions and more are reviewed inPowers v. W.B. Mobile Servs., Inc. 311 P.2d 58, 2013 WL 5645561 (2013), Division Two of The...

For many years sage advice from legal counsel, consumer advocates, and friends has been to “get it in writing.” In subrogation cases, what is “in writing” can have a substantial effect on the viability of recovery. In many subrogation cases, the recovery specialist is confronted with one or more “writings,” including a lease, rental agreement,...

Following up on our report of July 9, 2010, Cozen O’Connor has learned that the National Fire Protection Association (NFPA) has issued tentative interim amendments to three of its standards, banning the use of antifreeze in sprinkler systems in new construction of residences and in the dwelling unit portions of other occupancies.  As previously reported by...

The Pennsylvania Supreme Court Civil Procedural Rules Committee developed Recommendation 240 which would have amended Pa.R.C.P. 1020 to require that all claims arising from the same property loss be bought in a single action, even where there are different claimants with distinct damages.  This proposal would have overturned settled Pennsylvania appellate precedent.  Subrogation attorneys from...

“Dangerous and generally a fruitless occupation.”– Justice Akenhead No, Justice Akenhead was not talking about being a lawyer, but stating that it is inappropriate to rank possible causes of a fire in terms of probability in order to select the most probable.    In Fosse Motor Engineers Ltd v Conde Nast (2008), Fosse, the owner of...

Article I, Section 19 of The California Constitution provides that just compensation be paid when private property is taken or damaged for public use.  *STOP*  Take a deep breath.  It is not as tough as it sounds.  In fact, after reading this blog you’ll likely find yourself asking "Why haven’t I used inverse condemnation as a cause of action in...