The Subrogation Strategist

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 27, 2025, the CPSC announced the following recall related to a product that presents a fire hazard:

APOTHEKE Recalls Pumpkin Ginger 3-Wick Scented Candles Due to Fire, Burn and Laceration Hazards; Sold Exclusively at Crate & Barrel.

According to the CPSC’s ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 20, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. VC Group Recalls Wireless Portable Power Banks with Lithium-Ion Batteries Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he ...

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 13, 2025, the CPSC issued a warning urging consumers to “Immediately Stop Using O3waterworks-branded Sanitizing Home Spray Bottles with Lithium-Ion Batteries Due to Fire Hazard.” According the CPSC, “[t]he lithium-ion battery inside the bottle can overheat, posing ... Continue Reading

In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s two-year statute of limitations period. At issue was whether the statute of limitations began to run when the insured homeowner terminated the general contractor or when construction, with a new general contractor, was complete. Because the construction project did not terminate upon the replacement of the general contractor, the Court of Appeals found ... Continue Reading

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 13, 2025, the CPSC announced the following recalls related to products that present fire hazards:

1. Meijer Recalls Konwin Desktop Heaters Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he heater’s fan can fail to turn on and cause the ...

In L.W. v. Audi AG, 108 Cal. App. 5^th 95, the Court of Appeal of California (Court of Appeal) recently held that a foreign manufacturer can be subject to specific personal jurisdiction in California state courts. In L.W., a minor child suffered injuries when an Audi Q7 allegedly malfunctioned and surged forward, pinning the child against a garage wall. The plaintiffs brought suit against Audi AG (Audi Germany) and Volkswagen Group of America, Inc. doing business as Audi of America (Audi America). Audi Germany designed, manufactured and then sold the Audi Q7 to Audi America. Audi ... Continue Reading