Yearly Archives: 2012

Minnesota Supreme Court: No More Bright Line Anti-Subrogation Approach in Tenant Subrogation

The Supreme Court of Minnesota recently adopted a case-by-case approach to analyze whether a landlord or landlord’s insurer may sue its tenant. Ram Mutual Insurance Company v. Rusty Rohde d/b/a Studio 71 Salon, ____N.W.2d ____, 2012 WL 3822155 (2012). The

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Proving Diminution of Value in a Commerical Property Case

The recent Georgia decision of Royal Capital Development LLC v. Maryland Casualty Company, 291 Ga. 262, 728 S.E.2d 234 (Ga. 2012) opened a new world of claims for property insurers, in that the Court concluded that economic loss ensuing from

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Material Failures–Chloride Corrosion of Stainless Steel

In a large number of American homes, hot and cold water are supplied to kitchen and bathroom faucets by braided stainless steel water line connectors. In a significant number those homes, the under-sink space that encloses the braided steel water

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USC Notches Important Courtroom Victory

Just days after ending a disappointing football season, USC scored a major legal victory in the California Supreme Court.  In Sargon Enterprises v. University of Southern California, 2012 DJAR 15846, a Court of Appeals ruling permitting expert testimony on potential

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Material Failure–Focus on Cellulose Insulation

This recurring series will discuss various materials, including engineered plastics, woods, metals, polymers, bio-polymers, and other composites, and evaluate real world failure modes and provide practice tips for the recovery professional. The first material discussed is cellulose insulation. Cellulose is an

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When are Illinois Local Governments Liable for Improper Repairs?

Local government units, like municipalities, are protected from liability for tortious conduct under Illinois’ Local Government and Governmental Employees Tort Immunity Act. In general, an Illinois city or county cannot be held liable for acts considered discretionary government functions like the

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Second Circuit holds that New York Building Code imposes non-delegable duty on property owner

This summer, in reviewing a filed lawsuit, the Second Circuit Court of Appeals made a determination as a matter of law on a matter of first impression, specifically holding that property owners in New York City have a non-delegable duty

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7.4 Million Toyota Vehicles Recalled for Power Window Control Fire Hazard

On October 10, 2012, Toyota Motor Corp. announced a worldwide safety recall of over 7.4 million vehicles, including approximately 2.5 million vehicles sold in the U.S., for a fire hazard associated with the power window controls. The recall is the

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The Potential for Stigma Damages in Subrogation Actions

The Supreme Court of Georgia recently held that stigma damages are potentially covered under a property insurance policy, leading to the possibility that the property insurer could pursue such damages in a subrogation action. Royal Capital Development LLC v. Maryland

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Pennsylvania Supreme Court: One Cannot Exculpate For Recklessness

The Supreme Court of Pennsylvania recently held that exculpatory clauses that relieve a party of liability for “recklessness” are invalid as against public policy. Tayar v. Camelback Ski Corp. Inc., 2012 WL 2913750,* 10 ___ A.3d ___ (July 18, 2012). After a

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