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 Although the decision is unpublished and based on the specific factual circumstances of the case, the decision sends a cautionary reminder to insurers involved in a declaratory judgment action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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Mickey Mouse Nightlights Recalled Due to Fire Hazard


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

Walt Disney Parks and Resorts Recalls Mickey Mouse Nightlights Due to Fire Hazard

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HP Expands Recall of Batteries for HP and Compaq Notebook Computers


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

HP Expands Recall of Batteries for HP and Compaq Notebook Computers Due to Fire and Burn Hazards

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Country Home Products Recalls Field & Brush Mowers


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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 January 25, 2017, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Country Home Products Recalls Field & Brush Mowers Due to Fire and Burn Hazards

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Consumer Product Safety Commission Recalls


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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. Recently, the CPSC issued the following recall notices related to products that present fire hazards:

Nantucket Distributing Recalls Pre-Lit Christmas Trees Due to Fire Hazard (Recall Alert)

Arctic Cat Recalls Snowmobiles Due to Fire Hazard (Recall Alert)

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Curio Design Recalls Modular Lights and Bases


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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 January 4, 2017, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Curio Design Recalls Modular Lights and Bases Due to Shock and Fire Hazards (Recall Alert)

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Boosted Recalls Electric Skateboards


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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 January 12, 2017, the CPSC issued the following recall notice related to a product that presents a fire hazard:

Boosted Recalls Electric Skateboards Due to Fire Hazard.

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Toshiba Expands Recall of Laptop Computer Battery Packs


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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 January 4, 2017, the CPSC issued the following expanded recall notice related to a product that presents a fire hazard:

Toshiba Expands Recall of Laptop Computer Battery Packs Due to Burn and Fire Hazards.

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Colorado’s Court of Appeals Considers How the Statute of Repose Applies in Multi-Contractor Construction Cases


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In Sierra Pacific Industries v. Bradury, 2016 Colo. App. Lexis 1274, 2016 COA 132 (September 8, 2016), Sierra Pacific Industries, Inc. (Sierra Pacific), a subcontractor hired to supply windows and doors on a condominium construction project, filed an indemnification action against Jason Bradbury, d/b/a Bradbury Construction, Inc. (Bradbury), a sub-subcontractor Sierra Pacific hired to install windows and doors. After the trial court granted summary judgment in Bradbury’s favor, the Court of Appeals of Colorado addressed whether Colorado’s six-year statute of repose for construction defect claims, C.R.S. § 13-8-104, barred Sierra Pacific’s claims against Bradbury. In particular, the court addressed the question of whether the tolling period for indemnification claims set forth in § 13-8-104(b)(1) tolls the repose period. The court also addressed how the phrase “substantial completion” should be interpreted in multi-contractor construction cases. Finally, the court considered whether Sierra Pacific could rely on the “repair doctrine” to extend the “substantial completion” date, the date on which the statute of repose begins to run. Sierra Pacific reminds us that, when a defendant invokes a construction defect statute of repose to defeat a plaintiff’s claims, it is important to analyze how the jurisdiction at issue defines the phrase “substantial completion” and how it applies tolling arguments to the statute of repose.

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LG Electronics Recalls Portable Air Conditioners


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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 December 16, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:

LG Electronics Recalls Portable Air Conditioners Due to Fire Hazard

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