Monthly Archives: February 2011

Last In First Out: Priority of Recovery for Insurers in Missouri

Although issues between primary and excess carriers regarding who is entitled to what in a subrogation recovery do not arise often, when they do they can involve substantial sums and interesting issues. Last fall the United States Court of Appeals

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Careless Smoking Claims Soon to be Extinguished by Fire Safe Cigarettes

Has your cause and origin investigator concluded that a carelessly discarded cigarette started a fire? If so, you should determine the location from which and manner in which the cigarettes were bought. If the cigarette at issue was not “fire

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CALIFORNIA BUILDERS DO NOT GET TWO BITES AT THE CONSTRUCTION DEFECT NOTIFICATION APPLE

Many states have enacted laws requiring homeowners, with claims of construction defects, to follow certain procedures prior to filing a lawsuit against a builder. The procedures generally require that before a homeowner initiates construction defect litigation, it must notify the builder

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Timely Tips for Weather Related Property Damage Claims

Punxsutawney Phil may have predicted an early spring in 2011, but by no means have we seen the end of claims involving pipe freeze-ups and storm-related roofing collapses for the season. Despite the fact that Old Man Winter is not

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Nebraska Supreme Court Closes the Door on Economic Loss Doctrine Exception

On February 4, 2011, the Nebraska Supreme Court, in the case of Dobrovolny v. Ford Motor Company, 281 Neb. Reports 86, addressed the issue of “whether the economic loss doctrine applies when a product self-destructs without causing damage to persons

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