Yearly Archives: 2015

Ode to the Burning Christmas Tree

Both real and artificial trees can and do burn causing fire damage; unfortunately, ‘tis the season. As expected, Christmas tree claims arise through the seasonal months of November, December, and January. The National Fire Protection Association (NFPA) estimates of reported

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Posted in Damages

Re-Reading the Riot Act: An Update

Changes to the Riot Act that will hit insurers look set to go ahead following Parliament’s recent second reading of the Riot Compensation Bill. The draft Bill, which will replace the Riot (Damages) Act 1886, was the subject of debate

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Posted in Damages

Recent Idaho Decision Excludes Expert’s Rebuttal Opinion Based on New Testing

A recent federal court ruling offers a reminder that subrogating carriers need to be careful when disclosing expert opinions. The case, Columbia Grain v. Hinrichs Trading et al. (D. Idaho 2015), involved a fire in a garbanzo bean elevator. The

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Posted in Experts

Four Helpful Tips for a Successful Subro Recovery

All too often, claims that would otherwise have strong potential for recovery via subrogation cannot be pursued due to issues that arise shortly following a loss. Too many times, hope for recovery is lost because of evidentiary issues or expired

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Posted in Legal and Evidentiary Issues

New Hurdles for Defect Claims by Condo Associations in Texas

There are two new sections in the Texas Property Code which will provide protection for developers and their design professionals from actions brought by condominium associations for construction defect or design claims. The impetus for this change grew out of

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Posted in Construction

Looking to the Constitution for Recovery Options Due to Seasonal Flooding

Earlier this year, Houstonians awoke to find most of their city underwater. This month, South Carolina experienced torrential rains that were so severe that—in some areas—the total rainfall exceeded the expected rain totals for a 1 in 1,000 year storm.

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Posted in Government Tort and Inverse

Consider Using Social Media to Enhance Your Subro Investigation

ICYMI: Social Media has Revolutionized the Gathering, Sharing and Publication of Information both Newsworthy and Non-Newsworthy. The use of social media posts authored by members of the public and casual observers to describe news-as-it-happens is prominent even among traditional media

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Posted in Cyber; IoT and Technology, Legal and Evidentiary Issues

Spoliation Motion Denied – Lack of Proof as to Any Prejuduce

In National Fire Insurance Company of Hartford a/s/o RX Plus Pharmacy Corp. v. Fair Only Real Estate Corp., Index No., 157143, Judge Nancy M. Bannon of the Supreme Court of the State of New York, New York County, denied defendant’s

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Posted in Spoliation

Claims Against Good Faith Purchasers of Stolen Scrap Metal

Too often in cases involving stolen property, subrogating carriers do not look any further than the actual thieves for potential subrogation targets. For a variety of reasons, even if they are identified and apprehended, the thieves may not be viable

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Posted in Legal and Evidentiary Issues

Maryland’s Riot Act: Subrogation Potential for Property Damages Occurring During Riots

On April 27, 2015 protests in Baltimore, Maryland regarding the death of Freddie Gray escalated into violent riots. These riots resulted in extensive and significant property damage throughout the city. Often, such damages are covered by insurance companies that insure

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Posted in Damages, Government Tort and Inverse
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