Amazon Retailer

Amazon.com And The Liability Shield

Amazon.com is the world’s largest online retail marketplace. In the subrogation world, it’s common knowledge that, in states that allow strict liability claims against entities in the supply chain, Amazon attempts to preclude any liability by arguing that it is not a “seller” of a product in question. Instead, Amazon has successfully argued that it…

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Dangerous Sidewalk

Sidewalk Defects and Municipal Liability: In Most States, Size Matters

Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases involving sidewalk defects, the injury is a direct result of a municipality failing to institute and/or conscientiously follow its own policies regarding inspection, maintenance, and repair of miles of sidewalks.…

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Texas Anti-Indemnity Laws

Texas is at the forefront of enacting laws which limit or bar indemnification clauses of contracts in industries in which the Texas legislature perceive one contracting party has an unfair advantage over the other. Texas currently has anti-indemnity statutes for commercial construction, oil and gas, and common carrier transportation. While the mere fact that your…

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“Matching Regulations” Affecting Homeowners’ Insurance Claims

It remains one of the most difficult issues to deal within the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and quality” or with “similar material.” They cover property damage resulting from “sudden and accidental” losses.…

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