The Subrogation Strategist

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control.  On April 26, 2016, the Consumer Product Safety Commission issued the following recall notice related to a product that presents a fire hazard:

One World Technologies Recalls Snow Blowers Due to Fire and Burn Hazards; Sold Exclusively at Home DepotContinue Reading

In Rogers v. Wright, 366 P.3d 1264 (Wyo. 2016), the Supreme Court of Wyoming held that home builders have a tort duty of reasonable care and this duty, independent of any contractual obligations, makes the economic loss rule inapplicable.Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 19, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Brunton Outdoors Recalls Battery Packs Due to Fire HazardContinue Reading

Many subrogation specialists are aware of the potential issues posed by the Sutton Doctrine. Decided by the Oklahoma Court of Appeals in 1975, Sutton v. Jondahl, 532 P.2d 478 (Okla. App. 1975), holds that, absent an express agreement to the contrary, a tenant is presumed to be a co-insured under the landlord’s fire insurance policy. Because subrogation is forbidden against one’s own insured, the Sutton Doctrine can bar landlord/tenant subrogation actions. West Virginia, like many states, however, has adopted its own approach to landlord/tenant subrogation.Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 12, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Coleman Recalls Flashlights Due to Fire HazardContinue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 31, 2016, the CPSC issued the following recall notices related to products that present fire hazards:

CE North America Expands Recall of Fan Heaters Due to Fire Hazard; Sold Exclusively at H-E-B

Gamewell-FCI Recalls Fire Alarm Panels Due to Failure to Alert of a Fire ... Continue Reading