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 announced 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 October 27, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

myCharge Recalls Powerbanks Due to Fire and Burn Hazards.

According to the CPSC website, “[t]he powerbank’s lithium-ion battery can overheat and ... Continue Reading

In Cooper Tire & Rubber Co, v, McCall, No. S20G1368, 2021 Ga. LEXIS 626 (Cooper Tire), the Supreme Court of Georgia (Supreme Court) held that Georgia courts can exercise general personal jurisdiction over foreign corporations that are registered to do business in the state. In Cooper Tire, the plaintiff, Tyrance McCall, filed a lawsuit against Cooper Tire & Rubber Company (Cooper Tire) in Georgia state court for personal injuries he sustained in a car accident. Cooper Tire filed a motion to dismiss for lack of personal jurisdiction.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 announced 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 October 21, 2021, the CPSC announced the following recall related to a product that presents a fire hazard:

Lightform Recalls LED Projectors Due to Fire Hazard (Recall Alert).

According to the CPSC, “[t]he projector’s fan can malfunction and overheat, posing a ... Continue Reading

In 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Inc. Co., No. A-2925-19, 2021 N.J. Super LEXIS 120, the Superior Court of New Jersey, Appellate Division (Appellate Division) considered whether the lower court properly granted the defendant’s summary judgment motion. In its motion, the defendant argued that the plaintiff could not establish proximate cause between the defendant’s alleged conduct of destroying or losing evidence and the plaintiff’s inability to prove liability against other responsible third parties. The Appellate Division affirmed the lower court’s ruling, finding that the plaintiff failed to provide sufficient evidence of a viable liability claim against potentially responsible third parties in the underlying claim.Continue Reading

When the direct door to a subrogation recovery closes, the reimbursement door remains open.

The United States District Court for the Northern District of Illinois, construing Indiana law, recently clarified the distinction between workers’ compensation subrogation rights and workers’ compensation lien rights. Workers’ compensation subrogation professionals should always keep this critical difference between direct subrogation and reimbursement in mind when evaluating any claim.Continue Reading