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subrogation
Appellate Division Reverses Insurer's Summary Judgment Asserting Impairment of Subrogation Rights
On May 27th, the New Jersey Appellate Division issued a published opinion in Tonic v. American Casualty (.PDF) addressing the applicable standard to determine if there has been an impairment of an insurer's subrogation rights in the context of a claim for underinsured motorist (UIM)...
The BP Oil Spill Causes an Epidemic of Claims
On Bloomberg, I gave a television interview regarding the legal and financial aspect of claims and lawsuits which are being generated as a result of the BP Oil Spill. Lost profit and business interruption claims and disputes are not novel to those of us with commercial first party insurance...
Mediation: What You Need To Know About Your Mediator
Mutual consent and court ordered mediation is becoming more prevalent as a means to resolve matters in conflict as litigation costs escalate and court calendars suffer from over-crowding, greater demand and budgetary constraints. While mediation is a valuable forum to access for all parties,...
CPVC - A MATERIAL SUSCEPTIBLE TO FAILURE IN SPRINKLER SYSTEMS
Chlorinated polyvinyl chloride ("CPVC") has been used in potable water distribution systems since the 1960s. More recently, CPVC has been used in high rise fire suppression piping systems. Within the last decade, failures in these systems have been identified raising...
The Malfunction Theory
Have you ever experienced the following all-too-common frustrating subrogation scenario: Your cause and origin expert determines that a fire started from a particular product but, after destructive examination of the product, your engineer is unable to identify the...
