Category Archives: Defense
When property damage or other injuries occur in the context of an Act of God, an insurer should not conclude that subrogation is not possible due to the Act of God defense. Although the Act of God may be a large contributing factor to a particular injury or damage claim, there is potential for subrogation against a party whose human factor contributed to the damages sustained. In reality, subrogation in the context of an Act of God is not different from subrogation in the context of any property damage or injury claim.
One cornerstone of the admissibility of expert testimony is whether it is reliable. A challenge to the admissibility of expert testimony is generally known as a Daubert challenge, after a United States Supreme Court case that set forth factors for a court to consider in determining whether an expert’s testimony is reliable.
Perhaps no legal cause of action is more frequently applied or universal than one sounding in negligence. We bring it when another driver damages our vehicles, when our buildings are damaged from faulty construction, and when a medical procedure leaves a patient worse off than before. While some negligence actions may be held to a heightened standard (i.e., professional malpractice, or may be codified to require particular facts), negligence is largely evaluated under the same four elements in any variation: Duty, Breach, Causation, and Damages.
In reviewing files sent to us, we see some misinterpretations of the law or expectations regarding what will happen at trial. As a result, we included a few tips you should keep in mind regarding witnesses and defenses. Knowing Your Witnesses Just because a person is riding in the car with the other driver, doesn’t… Read More »
A successful subrogation recovery starts with a thorough, well-documented scene investigation. This is often complicated with the competing interest of placing the insured in the pre-loss position as soon as possible. This has recently become apparent with a number of sump pump failures Keis George has handled. Whether in litigation or intercompany arbitration, taking time to… Read More »
Assumption of the risk is a common defense by recreation providers to negligence lawsuits involving all-terrain vehicles (ATV) where the rider is willingly taking a chance in a potentially dangerous situation. This defense relieves the recreation provider from any duty to eliminate risks the rider may experience in ATV riding because such risks cannot be… Read More »