Yearly Archives: 2013

Convention on the Contract for the International Carriage of Goods by Road: A Primer

Claims handlers for insurers of goods being transported by road in Europe would be well served to familiarize themselves with what is commonly referred to as the “CMR Convention” (“CMR”). The CMR (which became operative in July of 1961) is

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Equine Law Basics – Evaluating the Strength of Releases of Liability

  Injuries to horse and rider often occur on a third party’s property. It is becoming more commonplace for horse trainers and stables to have the rider and/or horse owner sign a release of liability before any riding or boarding

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VIKING RECALL FOR BUILT-IN SIDE-BY-SIDE REFRIGERATOR FREEZERS

Last month, Viking Range, LLC recalled approximately 750 42-inch and 48-inch built-in side-by-side refrigerator freezers with in-door water and ice dispensers that were manufactured between October 2012 and May 2013. Electrical connectors in the refrigerator freezer wiring harness can overheat

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New York Court Holds Work of Insurer’s Expert Prior to Fire Origin and Cause Determination Was Not Work-Product Protected

In New York Schools Insurance Reciprocal v. Milburn Sales Co., Inc., 963 N.Y.S. 2d 152, 105 A.D.3d 716 (2nd Dep’t 2013), the New York Appellate Division, Second Department, narrowed the protection afforded by the work-product doctrine to investigations performed by

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Illinois: Several Factors Determine Construction Manager Liability for the Acts of a Trade Contractor

A recent Illinois appellate court opinion illustrates how a construction manager may be found to have entrusted work to a trade contractor and, ultimately, how the construction manager can be held liable for the acts of the trade contractor. Construction

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Heavy Equipment Fires – What The Subrogating Carrier Should Know

Heavy equipment fires occur frequently and can lead to substantial losses. The loss of the equipment itself is often compounded by the insured’s loss of use of the equipment.  For businesses that rely extensively on heavy equipment (e.g., agricultural and

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“Because I Said So”: Expert Opinions Derailed by Ipse Dixit Rulings

  A challenge to an expert opinion based on ipse dixit grounds differs from many Daubert motions in that is does not contest the expert’s qualifications but instead solely attacks the expert’s opinion as conclusory. Since the Supreme Court’s decision

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Determining Whether a Relative is a Resident Under a Homeowner’s Policy

Most subrogation professionals have encountered a strong subrogation claim against a negligent third party who does not have his or her own liability coverage, but whose relative – most likely a parent –has a homeowner’s policy which may cover the

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15 Million Schneider Electric Surge Protectors Recalled

Last week Schneider Electric recalled over 15 million surge protectors that pose a fire hazard to consumers and their property. Schneider issued a recall on select model American Power Conversion (APC) series 7 and 8 surge protectors that it manufactured

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California: Contractual Statute of Limitation Periods May Be Permissible Between Sophisticated Parties

The California Court of Appeals recently provided clarity as to whether parties are entitled to contractually agree to a shorter statute of repose period. In Brisbane v. Webcor, Plaintiff and Appellant Brisbane Lodging, L.P. recently appealed summary judgment granted in

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