 |
Recent Articles
Standards of Care: Setting the Bar for Ordinary Care
By Robert A. Stutman and Kevin P. SmithNASP WEBINAR JUNE 2011
Successful subrogation litigation often hinges on proof that the defendant violated a standard of care. Here's how standards of care are developed and which prove most reliable at trial.
Download file.
Mass Torts: Having Economies of Scale Work in Your Favor
By Robert A. Stutman and Daniel HoganNASP SUBROGATOR SPRING/SUMMER 2010
By aggregating small, related claims and pursuing a mass tort, viable small claims can be pursued in an efficient and cost-effective manner and can result in seven to eight figure recoveries.
Download file.
Res Ipsa Instruction Supports $700,000 Jury Award in Careless Smoking Case
By Joe PeskinNASP SUBROGATOR WINTER 2010
A jury deliberated less than two hours before awarding $700,000 to Harleysville Insurance, which insured a commercial building destroyed by fire started by a careless smoker.
Download file.
Show Me the Evidence! Inspecting Evidence That Does Not Belong to You
By Dana R. Bowling and Thomas PaoliniNASP SUBROGATOR FALL 2009
Proceeding without safeguards can have serious ramifications, including claims off spoliation against you, or other legal issues that could arise because you took possession of something owned by someone else.
Download file.
Just When You Thought You Didn't Need an Expert…Damages!
By Kevin P. Smith and Jesse M. CohenNASP SUBROGATOR SPRING/SUMMER 2008
By working with subrogation counsel early to discuss the law of damages in your jurisdiction, including the measure of damages, who may offer testimony, and what expert or combination of experts are best suited to testify on these issues, you can ensure that your next case is a recoverable case.
Download file.
Persistence Leads to Recovery in Arson Fires
By Robert A. Stutman and Kevin P. SmithNASP SUBROGATOR SPRING/SUMMER 2007
Arson fires are too common, too large, and too significant to write off as viable cases for subrogation recoveries. Too often the investigation stops one or two levels short of a viable recovery theory.
Download file.Fire Spread Claims: Persistence Leads to Recovery
By Kevin P. Smith and Robert A. StutmanCLAIMS MAGAZINE MARCH 2007
When a responsible party cannot be identified or a specific cause cannot be determined, one viable recovery theory may still exist: “Fire Spread.”
Download file.
Pyrolysis: A Viable Recovery Theory
By Robert A. Stutman and Kevin P. SmithCLAIMS MAGAZINE NOVEMBER 2006
While subrogation professionals should not be reluctant to rely on the pyrolysis theory, they are cautioned to consider the implications of the cases and circumstances discussed here.
Download file.