Monthly Archives: August 2010

Missouri: Subrogation Against Condominium Unit Owners and Members of the Household

The subrogating carrier of a unit owner or condominium association to pursue subrogation against another condominium unit owner, renter and/or member of the household of the unit varies by jurisdiction.  Unlike most jurisdictions, the state of Missouri utilizes a statute which requires

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Waiver of Subrogation, a Canadian Perspective

You have a fire loss at a commercial premise, and the insured’s tenant is clearly at fault for the same. Is there subrogation?  Not so fast, preparing that demand or settlement brief may be premature as there may be language in

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Chinese Drywall – Recent Settlements and Verdicts

Defectively manufactured drywall has been in the news for the past two years. Recently, there have been a string of favorable rulings, verdicts, and settlement for those damaged by the defective drywall.  On May 10, 2010, in the case of Germano

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Foreign Manufacturers Legal Accountability Act – Opening the Floodgates Against Overseas Defendants

Have you ever experienced this scenario: Your expert has identified the cause of a loss in the United States, but the manufacturer of the failed product is overseas? If so, then you have to start thinking about issues such as how

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PTAC Fires Becoming Subrogation Opportunities

PTAC fires are causing a recent stir in apartment complexes and hotels. What is a PTAC, you ask? PTAC’s are Packaged Terminal Air Conditioners/Heat Pumps. They are self contained machines installed through the wall with a sub unit for each room, which

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Don’t Get Nailed-Clearly Identify Your Insured and Payment!

On July 29, 2010, the California Court of Appeals, Fifth District, held that an insurer waived its right to equitable subrogation when it entered into a settlement without identifying its insured or apportioning payment.  The case arose from a complicated

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