Gree Re-Announces Dehumidifier Recall Following 450 Fires


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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 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 November 29, 2016, the CPSC issued the following re-announced recall notice related to a product that presents a fire hazard:

Gree Re-announces Dehumidifier Recall Following 450 Fires and $19 Million in Property Damage; Brand Names Include Frigidaire, Soleus Air, Kenmore and Others

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Kidde Recalls Combination Smoke/CO Alarms


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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 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 November 10, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Kidde Recalls Combination Smoke/CO Alarms Due to Alarm Failure

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In Georgia, A Waiver of Subrogation Clause is not an Exculpatory Clause That Must be Prominently Displayed


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In Allstate Insurance Company v. ADT, LLC, No. 1:15-cv-517-WSD, 2016 U.S. Dist. LEXIS 120880 (N.D. Ga.), the United States District Court for the Northern District of Georgia addressed the question of whether a contract’s insurance and waiver of subrogation clause was an exculpatory clause that was unenforceable because it did not pass Georgia’s Prominence Test. The court held that a waiver of subrogation clause is not an exculpatory clause and, thus, its enforceability does not depend on the clause being prominently displayed.

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In New Mexico, There Can be More Than One Statute of Repose Accrual Date on Construction Projects


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In Damon v. Vista Del Norta Dev., LLC, — P.3d –, 2016-NMCA-083, 2016 N.M. App. Lexis 52 (N.M. Ct. App.), the Court of Appeals of New Mexico addressed the trigger date for the ten-year statute of repose for a physical improvement of real property. Adopting a nuanced approach to interpreting the statute’s three-prong trigger test, the court made it clear that the type of “improvement” at issue is specific to each defendant. Thus, there can be separate statute of repose accrual dates for each different defendant.

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This entry was posted in Construction Defects, New Mexico, Statute of Limitations-Repose and tagged , .

Midea-Manufactured Dehumidifiers Recalled


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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 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 November 2, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Dehumidifiers Made by Midea Recalled Due to Serious Fire and Burn Hazards; $4.8 Million in Property Damage Reported

The recall involves 25, 30, 40, 50, 60, 65, 70, and 75-pint dehumidifiers with the following  brand names: Airworks, Alen, Arcticaire, Arctic King, Beaumark, Coolworks, ComfortAire, Comfort Star, Continental Electic, Crosley, Daewoo, Danby, Danby & Designer, Dayton, Degree, Diplomat, Edgestar, Excell, Fellini, Forest Air, Frigidaire, GE, Grunaire, Hanover, Honeywell, Homestyles, Hyundai, Ideal Air, Kenmore (Canada), Keystone, Kul, Midea, Nantucket, Ocean Breeze, Pelonis, Perfect Aire, Perfect Home, Polar Wind, Premiere, Professional Series, Royal Sovereign, Simplicity, Sunbeam, SPT, Sylvania, TGM, Touch Point, Trutemp, Uberhaus, Westpointe, Winix, and Winixl.

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Kikkerland Design Recalls Teapots with Stands


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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 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 November 1, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Kikkerland Design Recalls Teapots with Stands Due to Fire Hazard

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Cabela’s Recalls Food Dehydrators


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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 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 October 20, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Cabela’s Recalls Food Dehydrators Due to Fire Hazard

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Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually


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In Beaufort Builders, Inc. v. White Plains Church Ministries, Inc., 783 S.E.2d 35 (N.C. Ct. App. 2016), the Court of Appeals of North Carolina addressed whether the economic loss rule barred the negligence claim of White Plains Church Ministries, Inc. (White Plains) against Charles F. Cherry (Cherry), the owner of Beaufort Builders, Inc. (Beaufort Builders). The court held that, because the economic loss rule would bar White Plains’ negligence claims against Beaufort Builders, White Plains could not pursue a third-party negligence claim against Cherry, individually.

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Sherwood Marketing Recalls 3 Squares Rice and Slow Cookers


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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 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 October 18, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Sherwood Marketing Recalls 3 Squares Rice and Slow Cookers Due to Fire, Electric Shock Hazards

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In Pennsylvania, Subsequent Purchasers Can Pursue Fraud and Unfair Trade Practices Claims Against Builders


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In Adams v. Hellings Builders, Inc., 2016 Pa. Super. 192, 2016 Pa. Super. LEXIS 487, Christopher Adams and his wife, Margaret Adams (Plaintiffs), filed suit against Defendant Hellings Builders, Inc. (Hellings) to recover for moisture-related damage to their home caused by Hellings’ allegedly defective installation of stucco. Hellings filed Preliminary Objections, arguing that Plaintiffs failed to state a claim because they were not in privity with Hellings and they had no direct business dealings with Hellings.

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This entry was posted in Construction Defects, Fraud - Misrepresentation, Pennsylvania and tagged , .