Publication - Subrogation & Recovery
Determination of Fire Origin in Appliance Fires - Subrogation and Recovery Theories of Liability - A significant number of residential fires in this country are ignited by normal household appliances. Excluding operator error, ( leaving food on a hot burner, using gasoline in a kerosene heater, etc) there are two basic ways that these fires get started. The first is when a heat producing appliance, such as a toaster or dryer, produces temperatures capable of igniting combustible materials that are likely to be near
Legal Update on Relevant Subrogation Issues - Subrogation Publication - As we continue in our efforts to aggressively pursue subrogation recoveries on your behalf, we are confronted with a multitude of legal impediments. Over the last several years, we have seen an increasing number of court decisions addressing significant issues such as spoliation, economic loss, exculpatory clauses and waivers of subrogation. Whereas these issues received less attention by the courts in the past, courts today
Spoliation of Evidence - Subrogation Publications - I. DEFINITION AND COMMON LAW ORIGINS A. Spoliation Defined Spoliation is the destruction, loss, or material alteration of evidence or potential evidence by an act or omission of a party in pending or future litigation. County of Solano v. Delancy, 264 Cal.Rptr. 721 (Ct. App. 1989); Miller v. Montgomery County, 494 A.2d 761, 767 (Md. Ct. Spec. App. 1985). Evidence includes physical
Publication - Subrogation & Recovery - Insurance
“Former Landowner May be Liable for Defects Left on Property” - Verdicts, Settlements, and Tactics, Volume 10, No. 12 -
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