Monthly Archives: February 2012

Remember the Basics–Make Sure the Insured Knows Whether Subrogation Counsel is Representing Their Interests

  It is not uncommon for subrogation counsel to file suit in the name of the insured for a variety of reasons. The most obvious is when counsel represents the insured for their uninsured losses or their deductible. However, there are times

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The Independent Contractor Doctrine is Not Always Applicable in Delivery and Installation Cases

Defendants often claim that the negligent work they are being sued for was done by “an independent contractor”—thus attempting to alleviate their responsibility. This defense is often raised in cases where construction is being performed. However, it can also be

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Pennsylvania Rejects Independent Action for Negligent Spoliation

The Pennsylvania Supreme Court recently joined “the overwhelming majority” of states that have declined to recognize a separate cause of action in tort for negligent spoliation of evidence. In Pyeritz v. Commonwealth of Pennsylvania, __ Pa. __, 32 A.2d 687

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