Yearly Archives: 2018

Oregon Supreme Court Clarifies Product Liability Statute of Repose

In a 2014 blog post, I reported on Oregon’s expanded product liability statute of repose (“SOR”). The point of that previous blog post was that in 2009 the Oregon legislature made an important revision to its SOR. First, the legislature

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Posted in Product Liability, Statute of Limitations, Subro Round-Up

The Insured Was On Vacation When…

After handling any sizeable amount of subrogation claims involving water damage, you may have asked yourself, “why is the insured always on vacation when a loss occurs?” In fact, most of the loss descriptions on the Notice of Loss will

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Posted in Subro Round-Up

High Court in England and Wales Rules on Waivers of Subrogation in Construction Project

High Court in England and Wales holds that project insurers can bring a subrogation claim against a sub-contractor on a project where the sub-contractor has expressly agreed to obtain separate insurance cover for the project.  Haberdashers’ Aske’s Federation Trust v Lakehouse

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Posted in Subro Waivers and Limitations of Liability

Proof of Purchase: Need Adequate Support that an Alleged Seller Indeed Sold the Defective Product

A recent opinion from the U.S. District Court for the Northern District of Alabama highlights how the failure to identify the seller of a defective product can lead to dismissal. In Jackson v. Wal-Mart Stores, Inc., No. 2:17-cv-00634-AKK (N.D. Ala.)

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Posted in Product Liability

Utah – Filing Suit in Name of Carrier Confirmed

In July of 2016 Leslie Hulburt and I reported that the Utah Appellate Court recently issued a decision, if read out of context, could be used to suggest that a subrogation case in Utah must be brought in the name

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Posted in Subro Round-Up
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