Yearly Archives: 2010

Subrogation in South Africa: There’s No Difference Between a Farthing and a Rand

As Lord Mansfield ruled in one of the oldest English authorities on subrogation, payment of the loss by an insurer to its insured does not affect the liability of the wrongdoer. He set forth the basic principle as follows: “Every

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Spoliation Sanctions and The Gang That Couldn’t Spoliate Straight

Seasoned subrogation professionals do not need to be told how important it is to attempt to afford potential adversaries the opportunity to inspect a loss site before the site, and evidence on the site, has been significantly altered or disturbed.

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In England and Wales, How Much Longer Will Experts be Immune?

As in the United States, experts in England and Wales often play a fundamental role in litigation. Their opinions influence whether a case is brought, case strategy and settlement decisions. Experts currently have limited immunity for claims of professional negligence.

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London’s Burning–Call a Subro Lawyer

Since 1401, English common law has treated fire damage caused by an escape of fire as being actionable by an adjoining owner without proof of fault. This liability was based on custom and on the special duty imposed on house

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Rethinking Economic Loss: Washington Supreme Court Introduces the “Independent Duty Doctrine”

In a November 2010 decision, the Washington Supreme Court replaced the longstanding “economic loss rule” with a what it has termed the “independent duty doctrine.” The case, Affiliated FM Ins. Co. v. LTK Consulting Services, Inc. , stemmed from a

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Insured’s Settlement Submarines Subrogation

In a decision consistent with other jurisdictions, the Washington State Court of Appeals held that if an insurer denies coverage and its insured settles with the tortfeasor, the insurer’s subrogation rights can be terminated by that settlement. Further, the settlement does not

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Natural Gas Risers -Often Overlooked as a Potential Fire Cause

Most commercial and residential properties using natural gas have gas riser pipes which connect the primary distribution service line to the natural gas meter. Although the gas riser connects the utility’s distribution line to the utility’s meter, these risers are typically

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JURY RULES THAT CSST IS A DEFECTIVE PRODUCT IN LANDMARK CASE

Cozen O’Connor recently handled the first trial to go to a jury on the issue of strict liability against a manufacturer of CSST (corrugated stainless steel tubing). We are pleased to announce that, following an eight day trial conducted by

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Not Quite a Recall–Lennox Issues a “Product Hold” Due to Fire Hazard

On September 17, 2010 Lennox International, Inc. sent a letter to all of its constituent regional organizations as well as its licensed dealers, installers and repair technicians placing a “Product Hold” on a series of residential air conditioning units. According to

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NFPA Issues Safety Alert Regarding Antifreeze in Residential Sprinklers

 On July 6, 2010, the National Fire Protection Association (NFPA) issued a safety alert recommending that residential fire sprinkler systems containing antifreeze be drained and the antifreeze be replaced with water. While NFPA emphasized that residential sprinklers remain reliable and effective,

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