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National Fire Protection Association and NFPA 921

For the first time in 1992, nearly 100 years after its inception, the NFPA published its “Guide for Fire and Explosion Investigations” under NFPA 921. This publication established guidelines and recommendations for the safe and systematic investigation or analysis of fire and explosion incidents. As such, NFPA 921 provides standards and procedures for fire investigation methodology, which the NFPA encourages familiarity and understanding by professional fire investigators.

Illinois Deductible Reimbursement

In this article, we’ll help you distinguish administrative expenses from incurred expenses. Deductible reimbursement surfaces when you successfully subrogate a loss against a third party and make a recovery on the claim payments. At that time, a determination is made as to what portion of the insured’s deductible should be reimbursed.

Consumer Product Safety Commission Recalls

If you are a property adjuster, you are familiar with losses caused by defective products. We are seeing a significant increase in property damage caused by water and fire as a direct result of a defective product. Therefore, we would like to remind you of the following Consumer Product Safety Commission (CPSC) recalls…

Ethan Clark Joins Property Subrogation Practice

Clark is at the forefront of his peers as his understanding of the changing nature of litigation allows him to be a reliable resource to those within the firm. He is often approached to discuss various legal theories and tasked with identifying ways to counter strategies used by opposing counsel.

Negligence Standard: Public Roadways versus Private Parking Lots or Roads

An auto accident that takes place on a public roadway has a different negligence duty versus an auto accident in a private parking lot or road. Triers of fact will have more opportunity to find comparative negligence between the parties versus an accident on a public roadway, subject to Ohio statutes.

Indiana Claims Against Governmental Entities

We receive many cases involving claims against governmental entities. In Indiana, it is permissible to sue a governmental entity in a subrogation matter, but the subrogated carrier must meet certain requirements. This post is intended to give you information about how to comply with the statute that sets forth the requirements, so that when you send the file to Keis George, we can proceed with the lawsuit immediately.

The Economic Loss Rule

The Economic Loss Rule is a doctrine that prohibits recovery for an economic loss resulting from a wrongful act or an infringement of a right, when unaccompanied by physical property damage or personal injury. Instead, only parties to the contract or contractual beneficiaries may recover economic losses. An economic loss is a financial loss. The… Read More »

Illinois Tort Immunity

Suits against “local public entities,” including counties, townships, municipalities, municipal corporations, school districts, park districts, fire protection districts, and sanitary districts, fall under the purview of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101.

Product Recalls and Defects

If you are a property adjuster, you are familiar with losses caused by defective products. We are seeing a significant increase in property damage caused by water and fire as a direct result of a defective product. Many firms litigate but few actually litigate a product liability matter to completion. This is why 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.

When does the PUCO have jurisdiction over a claim

In Ohio, as in most states, public utilities have significant influence and power. One way in which the utility exercises that power is to try to move a case in litigation to a more utility-friendly venue, the Public Utilities Commission of Ohio (PUCO). Ohio Revised Code 4905.26 vests the PUCO with jurisdiction to hear and decide claims related to the provision of service by utilities.