Monthly Archives: June 2010

COGSA vs. Carmack – Carmack Does Not Apply to Overseas Shipment under a Single Through Bill of Lading

  On Monday, June 21, 2010, the United States Supreme Court issued its opinion in Kawasaki Kisen Kaisha LTD. v. Regal-Beloit Corp. By a 6-to-3 vote, the court said the Carmack Amendment does not apply to a shipment originating overseas under

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The Relation Back Doctrine Is Clarified By The U.S. Supreme Court

On June 7, 2010, in a unanimous decision, the United State Supreme Court reversed the Eleventh Circuit in Krupski v. Costa Crociere S.p.A., holding that relation back under Fed. R. Civ. P. 15(c)(1)(C) depends on what the party to be

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Evidence Disposal: Your Trash May Be Someone’s Treasure

A California court recently held that an insurer had a duty to preserve an allegedly defective tire for use as evidence in the insured’s product liability case.  Cooper v. State Farm Mutual Auto. Ins. Co., 177 Cal.App.4th 876 (2009,  4th

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Burning Issues In Fireplace Failures

The fire loss involves your insured’s fireplace. The fire originally starts in the fireplace, but spreads to nearby combustibles, catching the structure on fire. Is there a subrogation case?  Once a fireplace loss comes in, thorough analysis of the fireplace system needs

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Subrogation for a Personal Injury Claim Under a Liability Policy? Yes!

The recent California Appellate Court decision of Interstate Fire & Casualty Insurance Company v. Cleveland Wrecking Company (2010) 182 Cal.App.4th 23, illustrates that under the right circumstances, a liability insurer can subrogate against a third party to recover amounts paid

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