Tag

Subrogation
Courts may be willing to exercise jurisdiction over a foreign entity in a civil action based solely on a website that solicits sales throughout the United States without specifically targeting one state or its residents. Recently, a trial court denied a motion to dismiss by foreign entity defendant despite the fact that the foreign entity...
It is often lamented that the amount of liability that can be assessed to a defendant in a subrogation matter is inversely proportional to their ability to satisfy a judgment. The easier it is to prove a defendant is responsible, the higher the chances the defendant doesn’t have the coverage or assets to pay for...
Both real and artificial trees can and do burn causing fire damage; unfortunately, ‘tis the season. As expected, Christmas tree claims arise through the seasonal months of November, December, and January. The National Fire Protection Association (NFPA) estimates of reported home structure fires, derived from the U.S. Fire Administration’s National Fire Incident Reporting System (NFIRS)...
Changes to the Riot Act that will hit insurers look set to go ahead following Parliament’s recent second reading of the Riot Compensation Bill. The draft Bill, which will replace the Riot (Damages) Act 1886, was the subject of debate at the House of Commons on Friday, 4 December 2015, when it was welcomed as...
A recent federal court ruling offers a reminder that subrogating carriers need to be careful when disclosing expert opinions. The case, Columbia Grain v. Hinrichs Trading et al. (D. Idaho 2015), involved a fire in a garbanzo bean elevator. The plaintiff’s expert opined that a failed bearing ignited garbanzo bean dust, which smoldered for two...
All too often, claims that would otherwise have strong potential for recovery via subrogation cannot be pursued due to issues that arise shortly following a loss. Too many times, hope for recovery is lost because of evidentiary issues or expired limitation periods. As we near year’s end and begin to reflect on the year, here...
There are two new sections in the Texas Property Code which will provide protection for developers and their design professionals from actions brought by condominium associations for construction defect or design claims. The impetus for this change grew out of concerns by developers and design professionals that as constituted, the Texas Residential Construction Act (“RCLA”)...
Earlier this year, Houstonians awoke to find most of their city underwater. This month, South Carolina experienced torrential rains that were so severe that—in some areas—the total rainfall exceeded the expected rain totals for a 1 in 1,000 year storm. The World Resources Institute, in collaboration with four Dutch research organizations, estimated that total U.S....
ICYMI: Social Media has Revolutionized the Gathering, Sharing and Publication of Information both Newsworthy and Non-Newsworthy. The use of social media posts authored by members of the public and casual observers to describe news-as-it-happens is prominent even among traditional media outlets. Social media posts, as we know (I do not want to belabor this), have...
In National Fire Insurance Company of Hartford a/s/o RX Plus Pharmacy Corp. v. Fair Only Real Estate Corp., Index No., 157143, Judge Nancy M. Bannon of the Supreme Court of the State of New York, New York County, denied defendant’s motion pursuant to CPLR 3126 to dismiss the plaintiff’s claim for damages for injury to...
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