It seems like a deceivingly simple question as most attorneys assume statutes of limitations apply to all proceedings, despite the forum. However, this is not the case. The answer to whether a statute of limitations applies to your arbitration claim depends on the following questions: Has your state legislature or court decided that statutes of...
The Economic Loss Doctrine (ELD) is a legal principle that bars negligence claims when damages are deemed purely “economic.” While more commonly applied in product defect cases, limited jurisdictions may also use the ELD to bar negligent construction claims. And in these instances, a plaintiff’s property damage claim may be required to stem from a...
Undoubtedly, scene investigations are critical for subrogation recovery. There are many things to handle and to consider with respect to scene investigations, including gathering needed evidence, avoiding spoliation, etc. However, subrogation professionals should not forget that before it was a loss scene, it was someone’s home or place of business. The relationship that the...
Most, if not all attorneys, are familiar with section 664.6 of the California Civil Procedure Code (CCP §664.6). CCP §664.6 previously authorized a court, upon motion, to enter a judgment in pending litigation pursuant to settlement terms if the involved parties sign a writing stipulating to settle litigation outside of the presence of the court....
Technology is advancing and so are subrogation investigations. We are seeing investigations of losses and presentations for recovery make use of new technology, including laser scanning, 3D imaging, Lidar, drones, etc. Some tech can come at a high expense, but as the tech becomes more available, it will become standard use in the industry. For...
There are what seems like countless hindrances to subrogation recovery. With a spin on Elizabeth Barrett Browning’s famous love poem for the title of this article, we delve broadly into the legal bars for recovery. The non-exhaustive list below outlines some of the main legal doctrines barring recovery in insurance claims. Hopefully, these simple definitions...
The world is watching live updates of the destruction, as flames take over the Norte Dame Cathedral fire in Paris, France. Not every building fire or water loss captures media attention, not even the local news broadcast. However, conducting a search for newspaper articles, news broadcasts, fire department facebook updates, police department twitter feeds, etc. can...
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 prying eyes, even in the event of a lawsuit. But that’s not necessarily the case....
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 was sentenced to community service and probation. The fire’s victims, which included homeowners and the...
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 the eyesore of heat cable running along the rooftop, snowmelt systems that can be installed...
