Post-Flashover Fire Behavior/Ventilation-Controlled Fires/Removal to Fed Court/Allocation of Liability Cov


This issue of our Perspectives newsletter highlights:

• Post-Flashover Fire Behavior – In this issue we have three articles on this topic. Fire investigators are regularly called upon to interpret burn patterns and to determine where fires originate. Patterns created by pre-flashover fires are often easily deciphered by investigators seeking the fire origins. The severe burn damage found in fully-involved fires can be far more daunting to interpret, making origin determination extremely difficult;

• Ventilation-Controlled Fires discusses the hazards of confusing evidence of ventilation-controlled fire with fire patterns indicating the incipient stages of a fire; and

• To Remove or Not To Remove? The Strategic and Urgent Question suggests that the decision to remove a case to federal court is not a foregone conclusion; a defendant must assess the potential advantages and disadvantages of defending a case in federal versus state court to ensure that removal is in its best interest;

• Allocation of Liability Coverage over Multiple Policies considers several different scenarios in which allocation principles, as determined by the policy language itself and precedential case law, are applied to the triggering of more than one insurance policy for the same occurrence.

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. Sign up here:

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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