Yearly Archives: 2011

Discovery of Confidential Settlement Information

How airtight is a confidentiality provision in a settlement agreement?   In a recent case out of Florida, the court protected a confidential settlement agreement from disclosure to a remaining party.    Wal-Mart Stores, Inc. v. Nicolette Strachan et al., ___ So. 2d

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Fine Art Losses: Details, Details, Details

Fine art losses come in many shapes and sizes. Oftentimes, fine art is a relatively small piece of a homeowner’s or commercial property claim. Occasionally, however, the art represents the vast majority of a claim. You may have heard of

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When is an Expert Report a Draft and When is it a Report? That is the Question.

When to draft an expert report is an area of disagreement amongst subrogation professionals, attorneys and experts. Typically the attorney will request that an expert wait to draft a report until discovery is complete and the deadline to designate testifying

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Prescribed Burns: The Importance of Determining Your State’s Approach to Liability

Over the last several years, the insurance industry has experienced significant losses due to wildfires. In many instances, the wildfires resulted from the carelessness of a camper, or the criminal conduct of an arsonist. Wildfires have also been caused by

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Certificate of Merit Requirement in Federal Diversity Cases

In a recent opinion filed by the United States Court of Appeals for the Third Circuit in Liggon-Redding v. Sugarman, the Third Circuit decided that Pennsylvania Rule of Civil Procedure 1042.3, requiring the filing of a certificate of merit in

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Crane Collapse Investigation – Recovering From the Tipping Point

A mobile crane collapse can cause devastating results in terms of production, property damage and personal injury. Despite the potential for significant costs, a mobile crane collapse can provide recovery opportunities depending upon the circumstances of the accident. The following

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Fifth Circuit Clears a Path for Pursuing Design Defect Claims without the Defective Product

A recent 5th Circuit Court of Appeals case held that spoliation of evidence may not necessarily be fatal to a product liability claim. The case, A.K.W. v. Easton-Bell Sports, Incorporated, et. al, 11-60293 (October 18, 2011) stemmed from a head

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Super-Recoveries

There is a common misperception that a subrogee may never recover more than the amount of its subrogation interest. While it can be challenging to even make a 100% recovery, sometimes there are opportunities available to make a super-recovery – one

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Illinois Court Expands Reach of Implied Coinsured Doctrine

An Illinois Appellate Court recently issued an opinion which may make subrogating against a negligent tenant more challenging. Auto Owners Ins. Company a/s/o John Ellis v. Thomas Callaghan, 952 N.E.2d 119 (Ill.App.3d 2011) involved a landlord’s carrier that sued a tenant

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Recovering the Cost of Code Upgrades

A substantial body of law has emerged supporting the position that a plaintiff is entitled to recover the cost of conforming to updated building codes in repairing property damaged by a defendant’s negligence. Florida, Illinois, Missouri, Massachusetts, Minnesota, and Wisconsin

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