Extinguishing Third-Party Liability as a Prerequisite to Contribution The absence of a simple sentence in a release signed by the claimant after settling a liability claim is costing liability carriers millions of dollars in contribution recoveries across the country. By the time they discover the mistake, it is too late. In contribution claims, a liability…
E-cigarettes are advertised and sold as a safer alternative to traditional cigarettes. They literally burst onto the scene back in 2007 and are now a $7 billion global industry made up of roughly 500 brands. Some of the most popular brands include V2, Halo, VaporFi, and blu. By some projections, e-cigarette sales could surpass conventional cigarettes…
Most people remember from grade-school science class that water expands as it freezes. There is also a common misconception that this expanding ice physically causes a pipe to rupture. However, this expanding ice is often only one part of the equation, in that most pipes actually burst because of excessive water pressure created by the blocked or…
As the weather starts to turn colder (at least here in the Northern states), our thoughts turn to the holidays and all the joys of the season. Again, not to be a Grinch this season (see my previous article entitled “Subrogating Christmas” that discusses the dangers of real Christmas trees and holiday lights, with some subrogation tips),…
As a subrogation professional, often times one of the hardest aspects of the career to understand is that you have to put on your plaintiff’s “hat” in order to prove your case and make a recovery. This involves gathering facts and understanding how tort law applies in your claim. Inevitably, when a fellow attorney or subrogation adjuster…
As if the tragedy and destruction caused by Hurricane Harvey in the Houston and Gulf Coast region wasn’t bad enough, a few opportunistic trial lawyers and public adjusters have taken to social media urging Houston homeowners to file their insurance claims by September 1 in order to avoid the “consequences” of a newly passed Texas…
Every year, property insurers write checks totaling nearly $15 billion in response to fire losses, large and small. Fire claims average nearly $50,000 and are the most expensive type of claim filed, followed by hail claims at $11,000. Claims professionals are often slow to remove their claims hat and put on their Sherlock Holmes costume,…
Injury and workers’ compensation cases involving slips and falls on snow and ice during winter in America’s northern states continue to be a perplexing subrogation puzzle for insurance claims and subrogation professionals. During the winter months, our office sees a flood of cases involving slips and falls on ice, snow, and slush during winter conditions.…
Every year, more than 170 billion cell phone texts are sent and received. Each year, an average of 3,000 people die and 450,000 are injured in motor vehicle accidents involving distracted drivers. Ten percent of all drivers who are 15 to 19 years of age involved in fatal crashes were distracted when the accident occurred.…
One of the classic holiday movies is National Lampoon’s Christmas Vacation, a story about an ordinary family, the Griswolds, who have big Christmas plans that predictably take a turn for the very (funny) worst. One of the memorable scenes from the movie involves the home decoration skills of the family patriarch, Clark Griswold: Aunt…