OPW Recalls Gas Station Hose Swivel Connectors


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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 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 24, 2017, the CPSC announced the following recall notice related to a product that presents a fire hazard:

OPW Recalls Gas Station Hose Swivel Connectors Due to Fire, Explosion Hazards

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Vecaro LifeStyle Recalls Self-Balancing Scooters/Hoverboards


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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 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 23, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Vecaro LifeStyle Recalls Self-Balancing Scooters/Hoverboards Due to Fire Hazard

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Polaris Recalls Sportsman 850 and 100 All-Terrain Vehicles


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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 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 21, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls Sportsman 850 and 1000 All-Terrain Vehicles Due to Burn and Fire Hazards

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Battery Chargers for XBOX ONE Video Game Controllers 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 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 14, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Battery Chargers for XBOX ONE Video Game Controllers Recalled by Performance Designed Products Due to Burn Hazard

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R.W. Beckett Recalls Fuel Oil Valves


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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 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 10, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

R.W. Beckett Recalls Fuel Oil Valves Due to Fire Hazard

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Polaris Recalls RZR and GENERAL Recreational Off-Highway Vehicles


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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 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 2, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls RZR and GENERAL Recreational Off-Highway Vehicles Due to Burn and Fire Hazards

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New York Appeals Court Rekindles the Spark


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In John Trimble, et al. v. City of Albany, et al., 2016, 144 A.D.3d 1484; 42 N.Y.S. 3d 432 (N.Y. App. Div.), the Supreme Court of New York, Appellate Division, addressed the issue of governmental immunity for municipal fire companies. The court held that the plaintiff, John Trimble  (Trimble), had sufficient evidence related to the four-pronged test for establishing a “special relationship” between a municipality and a citizen for liability to attach. In addition, the court held that the defendants were not entitled to summary judgment on the issue of governmental immunity. Specifically, regarding the latter holding, the court stated that, when there is no actual choice made on the part of the government, the government’s actions cannot be considered discretionary and immunity will not apply.

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Philips Lighting Expands Recall of Metal Halide Lamps


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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 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 1, 2017, the CPSC announced the following recall related to a product that presents a fire hazard:

Philips Lighting Expands Recall of Metal Halide Lamps Due to Fire and Laceration Hazards

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Carrier and STIHL Announce Recalls Due to Fire Hazards


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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 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 February 23, 2017, the CPSC announced the following recalls related to products that present fire hazards:

Carrier Expands Recall of Packaged Terminal Air Conditioners and Heat Pumps Due to Fire Hazard

STIHL Recalls Chain Saws Due to Fire and Burn Hazards

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New Jersey’s Entire Controversy Doctrine: A Cautionary Tale for Insurers


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In Franklin Mut. Ins. Co. v. Castle Restoration & Constr., Inc., 2016 N.J. Super. Unpub. LEXIS 2300 (App. Div. Oct. 20, 2016), the Appellate Division of the Superior Court affirmed the dismissal of a subrogating property insurer’s claim based on New Jersey’s entire controversy doctrine, a doctrine that requires a party to litigate all aspects of a controversy in a single legal proceeding. Although the decision is unpublished and based on the specific factual circumstances of the case, the decision sends a cautionary reminder to insurers involved in a declaratory judgment action that they should not wait for the declaratory judgment action to be decided before taking action to protect their subrogation rights.

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