Monthly Archives: December 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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