Blog Archives

How is there no recovery? Let me count the ways…

There are what seems like countless hindrances to subrogation recovery.  With a spin on Elizabeth Barrett Browning’s famous love poem for the title of this article, we delve broadly into the legal bars for recovery.  The non-exhaustive list below outlines

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Posted in Subro Round-Up

Is Media Coverage Good for Subrogation?

The world is watching live updates of the destruction, as flames take over the Norte Dame Cathedral fire in Paris, France.  Not every building fire or water loss captures media attention, not even the local news broadcast.  However, conducting a

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Posted in Experts, Legal and Evidentiary Issues

N.Y. Court of Appeals: No Difference Between “Private” and “Public” Posts in Discovery

A 2018 N.Y. Court of Appeals case has shed light on the limitations of privacy settings on social media accounts. Previously, a user might have thought that marking a post or photo “private” would be sufficient to shield it from

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Posted in Cyber; IoT and Technology

Oregon Court Orders Teen to Repay $37M for Starting Wildfire

In September 2017, a 15-year-old threw two fireworks into Oregon’s Eagle Creek Canyon, sparking a huge wildfire that destroyed several homes and impacted tourism in the area. The teenager pleaded guilty to reckless burning of public and private property, and

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Posted in Subro Round-Up

Snow: A Skier’s Delight, a Rooftop’s Demise

As winter approaches and snow and ice begin to cover parts of the nation, property owners in the affected areas will begin to rely upon snowmelt systems to keep roofs free of snow and ice. In recent years, to avoid

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Posted in Construction, Product Liability

Fire Prevention Week – Reflection on the Great Chicago Fire of 1879

As part of Fire Prevention Week (October 7-13), it is timely to reflect on NFPA’s video on the Great Chicago Fire of 1879.  The link to the video can be found here.  While many lessons have been learned in fire

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Posted in Subro Round-Up

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
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