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Recent Blog Posts

Economic Loss Doctrine Can Be a Roadblock to Subrogation

The Economic Loss Doctrine can be a roadblock to subrogation. Exploration of exceptions to the doctrine can provide subrogation professionals with tools to navigate their way to recovery. An economic loss refers to a financial loss and damages suffered by a person or entity, which arise from a defect in the qualitative nature of the… Read More »

Introduction to the Act of God Defense

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… Read More »

Navigating the Illinois Economic Loss Doctrine

The Illinois Economic Loss Doctrine can be a roadblock to recovery. However, before you close your file, take a closer look, armed with exceptions that may help you navigate your way to the other side. The Illinois Economic Loss Doctrine sets out to bar recovery in tort for purely contractual losses or frustrated economic expectations… Read More »

Consumer Product Safety Commission Recalls

If you are a property adjuster, you are familiar with losses caused by defective products. While some product defects may be a unique and isolated matter, we are seeing more cases of property damage as a direct result of a defective product. This is why it is so important we bring recent Consumer Product Safety… Read More »

Ohio’s Right of Contribution From a Joint Tortfeasor

In accordance with Ohio Revised Code 2307.25(A), if one or more persons are jointly and severally liable in tort for the same injury or loss to person or property or for the same wrongful death, there may be a right of contribution (even if a judgment has not been recovered against all of them). As… Read More »

What is Bailment

Bailment is a legal relationship wherein a person (the “bailor”) transfers physical possession of personal property to another person or entity (the “bailee”). Only possession, not ownership, is transferred. The bailee must intend to and physically possess the property. Generally, the bailee is not entitled to the use of the property while in its possession. Bailment… Read More »

Brooks v. City of Huntington

In 2014, the West Virginia Supreme Court made a significant change to a party’s ability to recover for damage to real property. Prior to the Court’s 2014 ruling in Brooks v. City of Huntington, a property owner could not recover damages greater than the property’s fair market value. However, in Brooks, the Court ruled that… Read More »

Recent Product Recalls

If you are a property adjuster, you are familiar with losses caused by defective products. While some product defects may be a unique and isolated matter, we are seeing more cases of property damage as a direct result of a defective product. This is why it is so important we bring recent Consumer Product Safety… Read More »

Another Means to Serve the Hidden Defendant

If you are pursuing a claim against a motor vehicle owner or operator, and have attempted to serve the defendant using a commercial carrier, certified U.S. mail, or regular mail to his or her last known residential address, but have not been successful, you may be able to perfect service upon that defendant through the… Read More »

Knowing Your Witnesses and Defenses

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 »