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 January 19, 2023, the CPSC announced the following recalls related to products that present fire hazards:

1. Ross Stores Recalls Taylor and Finch Six-Wick Scented Candles Due to Fire and Injury Hazards. According to the CPSC’s website, “[t]he product can ... 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 January 12, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

BISSELL Recalls Cordless Multi-Surface Wet Dry Vacuums Due to Fire Hazard.

According to the CPSC’s website, “[t]he circuit board inside the vacuum’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 January 5, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls Sportsman and Scrambler 1000 S All-Terrain Vehicles Due to Fire Hazard (Recall Alert).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 December 22, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Samsung Recalls Top-Load Washing Machines Due to Fire Hazard; Software Repair Available.

According to the CPSC’s website, “[t]he washing machines can ... Continue Reading

In Am. Reliable Ins. Co. v. Addington., No. 3:21-CV-00848, __ F.Supp.3d __, 2022 U.S. Dist. LEXIS 218436, the United States District Court for the Middle District of Tennessee (the District Court) considered whether a tenant’s live-in partner and the partner’s adult son constituted a “family” in the underlying lease and, thus, were implied co-insureds under the Sutton Rule. The District Court determined that the arrangement did constitute a “family” and that the Sutton Rule barred subrogation.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 December 15, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. E-Bikes Recalled Due to Fire and Burn Hazards; Distributed by Gyroor (Recall Alert). According to the CPSC’s website, “[t]he e-bike’s battery pack ...

The Supreme Court of Illinois (Supreme Court) reversed a 2021 appellate court decision which held that an insurer had to duty to defend the property owner’s tenant following a fire at the property.  In Sheckler v. Auto-Owners Insurance Co., 2022 IL 128012, the state’s highest court ruled that the appellate court’s reliance on Dix Mutual Insurance Co. v. LaFramboise, 597 N.E. 2d 622 (Ill. 1992) was misplaced as the ruling in Dix was limited to a specific set of facts, which did not apply to the current case.Continue Reading

In a recent unpublished opinion, Hale v. Bassette, No. HHD-CV-20-6124046-S, 2022 Conn. Super. LEXIS 2292, the Superior Court of Connecticut held that the plaintiff was entitled to recover building code upgrade costs associated with repairing a 150-year-old home damaged by the defendant’s negligence. In reaching its decision, the court applied the eggshell plaintiff doctrine, a legal principle that is more commonly applied in personal injury actions.  The doctrine says that a negligent defendant takes the injured plaintiff as he or she is found, making the defendant responsible for any injury that is magnified by the plaintiff’s pre-existing condition or injury.  The court found the fact that the home was 150 years old and susceptible to greater damage did not relieve the defendant of its obligation to make the plaintiff whole.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 December 8, 2022, the CPSC announced the following recalls related to products that present fire hazards:

1. Cordless Window Shades Battery Packs Recalled Due to Fire Hazard; Manufactured by Ningbo Dooya Mechanic & Electronic Technology Co. According to the ...

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 December 8, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Ortal Recalls Gas Fireplaces Due to Fire Hazard

According to the CPSC’s website, “improper installation of the fireplaces can lead to problems with heat ... Continue Reading