A handy reference to property subrogation in Tennessee…more
TRAVELERS v. RAPID POWER CORPORATION
This Kentucky subrogation case arising out of a transformer failure was brought after the Kentucky Supreme Court adopted the economic loss rule in Giddings. Nevertheless, Travelers brings a products case—even though there…more
A must-read on three issues. First, notice to the liability carrier for a party is not notice to the party for spoliation purposes. Second, major misstep by counsel for not providing the expert with key evidence: “Crediting this…more
MMG INSURANCE CO. v. Samsung...
A refreshingly pro-plaintiff ruling in a products liability case on a challenge to origin-and-cause experts with a spoliation kicker…more
Cincinatti-Messinger v. Omegaflex (WD...
If you think that ACV is the measure of property damages in a subrogation case, read this…more
Indemnity Ins Co NA v. Electrolux Home...
Solid spoliation ruling in fire case. Basic mistake of not taking ignition source in the origin area leads to adverse inference…more
Russ v. Safeco Insurance Company (S.D....
A preliminary "undetermined" report and some less-than-ideal expert handling and legal briefing lead to a partial Daubert exclusion through NFPA 921…more
The Cincinnati Insurance Company et al...
A bad day for Cincinnati as it loses summary judgment on a coverage claim for its former fire expert's failures to timely notify their liability carrier of claims arising out of lost evidence…more
The latest of many CSST claims against Titeflex…more
State Farm v. Allied & Associates
A first-class expert report in an arson-for-profit case. Kudos…more
Forrest Construction v. Cincinatti...
Important construction coverage decision from the Sixth Circuit recognizing and affirming the 2007 Tennessee Supreme Court decision Travelers Indem. Co. of Am. v. Moore & Assocs., Inc., 216 S.W.3d 302 (Tenn. 2007).
A 2013 property insurance subrogation recovery guide for Tennessee…more
Peerless Insurance Company v. Michael...
Congratulations to State Farm and its insured David Walker in its take-nothing defense verdict this month in subrogation claims brought by Peerless Insurance Company in Civil Action 5:11-CV-127 in the Western District of North…more
Masterful cross examination of an expert with Daubert/Robinson exclusion. Exclusion discussion begins on page 954. Cautionary tale for experts, as this expert's opinion was excluded up through the appeals process in Texas…more
Intermediate appellate court opinion affirming the trial court judgment against Omega Flex in the Tincher case out of Pennsylvania…more
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