Our product liability lawyers have experience litigating cases involving hundreds of different products, including industrial machinery, automobiles, and common residential and commercial appliances such as dehumidifiers, sump pumps, space heaters, fire compression systems, and more. As a property adjuster, you are familiar with losses caused by defective products. Therefore, we...
Intentional and Negligent Spoliation of Evidence
Spoliation of evidence generally involves the destruction of evidence that is relevant to a civil action that results in harm to a party’s case. Some states recognize it as a separate cause of action, which means that it can be a claim separate from the underlying case.
Assessing Damage to Personal Property Without Market Value
There are hundreds of cases and articles addressing how to assess damage to real and personal property. Using highly calculated formulas, the discussion typically focuses on how to determine market value of real property. Though beneficial to assess real property, these discussions fall short when they fail to address how...
Other Insurance Clause is Excess
Other insurance clauses, also known as excess clauses, seem to appear in every case with concurrent coverage under multiple policies. This common situation presents itself when an insured is driving a car owned by a friend or family member. Each insurance policy provides coverage for the accident, but both policies...
Product Recalls
As a property adjuster, you are familiar with losses caused by defective products. Therefore, we are trying to work with you to bundle these files to increase the settlement value and decrease your operational costs associated with adjusting each claim.
Right of Contribution from a Coinsurer or Concurrent Insurer
Did you know that Ohio law gives rise to two rights of contribution for an insurer? These two rights are from a joint tortfeasor, pursuant to Ohio Revised Code Section 2307.25; and from a coinsurer or concurrent insurer who provides coverage for the same loss.
Indiana Animal Liability
In Indiana, areas that were once considered rural are experiencing population growth as urban boundaries expand. This can lead to a clash between rural and urban lifestyles. For example, as traffic increases on rural roads, there is increased potential for motor vehicle accidents involving livestock.
Illinois Mandatory Arbitration
Mandatory arbitration is a legal proceeding, conducted like a trial, which is held before state licensed attorneys who have completed a court certified arbitration program. The attorney-arbitrators act in place of a judge and render a decision at the conclusion of the proceeding.
Product Recalls
The Consumer Product Safety Commission (CPSC) released recalls involving the following products: Yamaha Wolverine RMAX; Pearl River Propane Hoses; and Polaris All-Terrain Vehicles.
Actual Cash Value and Replacement Cost Value
Actual Cash Value (ACV) and Replacement Cost Value (RCV) are based on the current cost to replace the damaged property with the new property. The only difference between Actual Cash Value and Replacement Cost Value is the deduction for depreciation.