Blog Archives

Federal Court Reaffirms Work v. Non-Work Distinction in AIA Subro Waiver

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

Tagged with: , , , ,
Posted in Subro Waivers and Limitations of Liability

Is Your Product Really UL Approved?

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

Tagged with: , , , ,
Posted in Product Liability

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

Tagged with: , , , ,
Posted in Spoliation

Recent NY Decision Discusses the Scope of Limitations of Liability Contained in an Electric Utility’s Tariff and Other Affirmative Defenses

  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,

Tagged with: , , , , , ,
Posted in Spoliation, Subro Waivers and Limitations of Liability, Uncategorized

Watts Class Action Settlement Info – Acetal Plastic Toilet Connectors

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

Tagged with: , , , , , ,
Posted in Uncategorized

Recent Notable Recalls

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

Tagged with: , , , , , ,
Posted in Uncategorized

New York Court Holds Work of Insurer’s Expert Prior to Fire Origin and Cause Determination Was Not Work-Product Protected

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

Tagged with:
Posted in Uncategorized
Subscribe To Our Posts

Email:

Recent Comments
    Cozen O’Connor Blogs