Blog Archives

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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Nomination for Top 50 Insurance Blogs of 2011

We are pleased to announce that this “Subrogation & Recovery Law Blog” has been nominated as a candidate for the LexisNexis Top 50 Insurance Blogs of 2011. Each year, LexisNexis honors a select group of blogs that it believes sets the

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Pourable Gel Fuel Recalled

On September 1, 2011 the Consumer Product Safety Commission announced a voluntary recall of all pourable gel fuels made by nine separate companies. The recall covers an estimated two million units of this fuel, which has been sold since 2008.

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Hamilton Beach Recalls Toaster

On June 30, 2011, the U.S. Consumer Product Safety Commission (CPSC), in partnership with Hamilton Beach Brands Inc., issued a recall of about 300,000 model 22600 Hamilton Beach classic chrome 2-slice toasters. Due to a defect within the heating element

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Lasko Recalls 4.8 Million Box Fans

Today the Consumer Product Safety Commission announced a voluntary recall of 4.8 million Lasko box fans. The recall notice reports “an electrical failure in the fan’s motor poses a fire hazard to consumers.” The CPSC cites a “barn fire resulting

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Substance Over Form-The Amendment to FRCP 26 May Improve Your Subrogation Case

On December 1, 2010, Federal Rule of Civil Procedure 26 will be amended to exempt draft expert reports and certain categories of attorney/expert communication from discovery. In practice, this amendment will liberalize the communications your attorney can have with your testifying

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Horse Trailer Accidents-Theories of Recovery

It’s every horseman’s nightmare—a trailer accident. There are many causes of these accidents, but in the chaos of attempting to remove the horses and tend to their wounds (or worse), questions that could pave the way for a subrogation opportunity often

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Equine Law Theories of Subrogation Part 3: Damages Issues

Measure of Damages A critical part of any subrogation analysis is the determination of what damages are legally recoverable from a potentially liable third party. Unique to equine claims, the owner of the horse will often choose to insure the horse

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Equine Law Theories of Subrogation: Part 2 Hiring the Right Experts and Avoiding Spoliation

 Just like property damage claims, it is vital to hire the right experts and conduct a thorough and timely investigation. But unlike a typical property damage claim, with equine mortality claims it is often impractical and difficult to maintain the deceased

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Equine Law Theories of Subrogation: Part I

The recent tragedy in Florida involving the sudden and untimely death of twenty-one polo ponies raises issues about equine subrogation possibilities. In that matter, a supplement is suspected in the death of polo horses. Because a horse cannot be “preserved”

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