Have you ever had a subro attorney tell you that you should file your case in state court versus federal court, or vice versa, and wondered, what’s the difference? Why would I want to be in one court versus another? In this episode of Cozen O’Connor’s Subro on the Go podcast, David Brisco is joined...
Every subrogation case is, at its heart, a story about a loss event. As subrogation professionals, we endeavor to tell a story of the loss event and resulting damages in the most effective way possible, using photos and videos as our tools to explain liability and damages issues. Ultimately, we use our story as a...
The loss involves a property damage subrogation matter arising out of extensive water damage caused by the negligent and careless failure to correct a dangerous defective condition and negligent and improper installation of flashing and roofing membrane on or about September 4, 2017. The water leak resulted in damage to a residential condominium building in...
In a recent decision issued by the United States District Court, Eastern District of New York, Garden City Apartments, LLC v. Xcel Plumbing of New York, Inc. et al., No. 15-cv-1380 Document 84 (E.D.N.Y. 2017), the Court emphasized that a common waiver of subrogation clause does not afford protection against claims for property damage generally,...
In the media news recently there have been a number of reports concerning hoverboard fires which may involve the lithium-ion battery and/or compatibility with the power supply. The Consumer Products Safety Commission (CPSC) is investigating the root cause of these incidents. In response to these incidents, Underwriters Laboratories (“UL”) announced on February 2, 2016 the...
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 motion pursuant to CPLR 3126 to dismiss the plaintiff’s claim for damages for injury to...
On February 27, 2015, District Judge Joanna Seybert of the Eastern District of New York issued a significant and informative Decision on the issue of striking a defendant’s affirmative defenses in Allstate Ins. Co. v. Long Island Power Authority, 14-CV-0444, NYLJ 1202719533249 (E.D.N.Y., Decided February 27, 2015). The decision discusses the legal standard for...
On August 5, 2014, a Class Action settlement has been reached with Watts Water Technologies, Inc. and Watts Regulator Co. (“Watts”) regarding toilet Connectors with coupling nuts made with acetal plastic designed, manufactured, and/or distributed by Watts between 1999 and July 2009. The settlement covers the purchase and possession of a Watts toilet connector, as...
By now most subrogation professionals understand the importance of keeping current with the frequent Consumer Product Safety Commission recall notices. For this blog post we note the following recent notable recalls for the subrogation professional: Bosch Security Systems Recalls Fire Control Panels Due to Fire Alarm Failure A recall was issued by the United States...
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 independently retained experts. The Second Department reversed the trial court’s decision and held that work...
