The Autumn 2012 issue of our Perspectives newsletter highlights several interesting and important issues:
• “Retain the Right Expert for Your Fire Case" is an editorial that discusses the issue of searching through the hundreds, if not thousands, of experts to find the right one to investigate a fire’s origin and cause. Are they all qualified to investigate this fire? Are they all qualified to investigate all types of fires?
• “Justifiable Delay of Notice of Claim: Burden of Proof of Prejudice on Insurers" considers the recent CT Supreme Court’s decision case in Arrowood Indemnity Co. v. King, 304 Conn. 179, 39A.3d. 712 (2011), and addresses the questions “Did the Supreme Court even need to overrule Aetna Casualty & Surety Co. v. Murphy, 206 Conn. 409, 538 A.2d 219 (1988) at this time?” and “Is this a case of Arrowood ‘winning the battle, but losing the war’ for insurers?”
• “Learning From Others’ Mistakes" examines the difficulties some attorneys and experts still have using NFPA 921 to convince courts that their reasoning and methodology is reliable under the Daubert factors.
• “Insurance Coverage Briefly” summarizes a few recent Connecticut insurance coverage cases highlighting interesting issues.
Tedford & Pond is a law firm with a national practice that brings a singular client focus to your fire, product, and insurance litigation needs. Our business colleagues find Perspectives an invaluable resource for discussions of current issues and interesting developments in the law. We invite you to sign up to receive your own copy of Perspectives, and to share it with your colleagues. http://www.tedfordpond.com/contact/enewsletter
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