Recently, a subrogation action was filed on behalf of an insurer alleging that a product sold on eBay and Amazon caused a fire for which the insurer is seeking recovery. The action was filed in state court and thereafter removed to federal court. This lawsuit again reminds us in the subrogation world of the difficulty...

So far the Winter of 2014-15 has spared much of the country from the misery of last winter, but we still have a way to go. As we have just passed the halfway point of the four month season, it’s a good time to look at collecting weather data for subrogation claims where weather may...

Smart Meters are high tech devices being installed by utility companies to provide two-way wireless transmittal of information to and from a utility to track energy use more accurately and to enable utility companies to monitor power distribution load and usage and to remotely shut off electricity. While there have been some concerns regarding privacy...

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 (2011), the Court held that “Pennsylvania law does not recognize a cause of action for...

Although issues between primary and excess carriers regarding who is entitled to what in a subrogation recovery do not arise often, when they do they can involve substantial sums and interesting issues. Last fall the United States Court of Appeals for the Eighth Circuit addressed such issues under Missouri law. The underlying case involved an...

The old saying “the devil is in the details” has particular application when trying to prove a contents claim to opposing counsel or at trial. Insurance policies provide for actual cash value and replacement cost value and, with limited exceptions, the law provides for cost to repair or replace unless it exceeds fair market value. A typical claim...

On July 13, 2010, the Appellate Court of Connecticut affirmed a $664,373.02 verdict issued by a trial court sitting non-jury in 2007. Utica Mutual Ins. Co. v. Precision Mechanical Services, Inc. The case arose from a fire at the Commons Condominium Complex in Branford, Connecticut. An employee of the defendant was installing a shower diverter in one of the...

All of us in the subrogation and recovery business are well acquainted with product manufacturers attempting to have claims thrown out of court on technical legal grounds. Almost every product liability case now involves such challenges.  Recently, a federal district court judge soundly rejected General Electric Company’s (G.E.) attempts to do just that in Louisiana. The opinion was...