Recent Blog Posts
Midea dehumidifiers can overheat, smoke and catch fire, posing serious fire and burn hazards. Similar to our arrangement with Gree, we are working with their counsel to quickly resolve these files.
Recently, we have effectively litigated product liability matters involving residential and commercial appliances, gas explosions, cellulose insulation, and sprinkler, plumbing and other water losses. Therefore, we believe we should inform you of the following Consumer Product Safety Commission (CPSC) recalls.
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. See Daubert v…. Read More »
The defendant, who was known to do a lot of tinkering around the home and working on his own cars, was planning something and had removed the cap on the gas line of his home. Of particular significance, was the fact that the defendant had sent a message to a person he was communicating with on a local dating website, where he indicated he “smelled propane and had to go see what was going on” and that he “hoped he didn’t blow the place up”. Afterwards, the defendant’s home exploded. The explosion, and subsequent fire, killed the defendant and damaged the insured’s home. The insured’s home was damaged beyond repair and had to be torn down.
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. We are working with our clients to bundle these cases to increase the settlement value and decrease your… Read More »
The lithium-ion battery contained in e-cigarettes present the biggest fire hazard While viewed as a healthy and safer alternative to tobacco smoking, the advent of e-cigarettes has created its own set of hazards. E-cigarettes use lithium-ion batteries to power a heating element, which vaporizes a liquid, resulting in the simulated “smoke” of a tobacco cigarette…. Read More »
Pets have a tendency to make their way into subrogation files. The inevitable question we ask is whether a cause of action to base recovery upon exists. In Illinois, the Illinois Animal Control Act supplements the general common law rule. The owner or keeper of an animal is liable for injuries caused by the animal… Read More »
Earlier this year, I had the opportunity to assist a partner in a jury trial. I had only recently been admitted to the Bar, and had only been employed by Keis George for a few months, so the chance to assist in one of our large loss property cases was a rare opportunity that I… Read More »
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. Ohio is one of those states. The state… Read More »