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 April 26, 2016, the Consumer Product Safety Commission issued the following recall notice related to a product that presents a fire hazard:
Monthly Archives: April 2016
In Wyoming, the Economic Loss Rule Does Not Preclude a Negligence Claim Against Home Builders for Negligent Construction of the Home
In Rogers v. Wright, 366 P.3d 1264 (Wyo. 2016), the Supreme Court of Wyoming held that home builders have a tort duty of reasonable care and this duty, independent of any contractual obligations, makes the economic loss rule inapplicable.
Brunton Outdoors Recalls Battery Packs
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 April 19, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:
West Virginia Supreme Court of Appeals Rejects Sutton Doctrine
Many subrogation specialists are aware of the potential issues posed by the Sutton Doctrine. Decided by the Oklahoma Court of Appeals in 1975, Sutton v. Jondahl, 532 P.2d 478 (Okla. App. 1975), holds that, absent an express agreement to the contrary, a tenant is presumed to be a co-insured under the landlord’s fire insurance policy. Because subrogation is forbidden against one’s own insured, the Sutton Doctrine can bar landlord/tenant subrogation actions. West Virginia, like many states, however, has adopted its own approach to landlord/tenant subrogation.
Coleman Recalls Flashlights
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 April 12, 2016, the CPSC issued the following recall notice related to a product that presents a fire hazard:
Consumer Product Safety Commission Recalls
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 March 31, 2016, the CPSC issued the following recall notices related to products that present fire hazards:
CE North America Expands Recall of Fan Heaters Due to Fire Hazard; Sold Exclusively at H-E-B
Gamewell-FCI Recalls Fire Alarm Panels Due to Failure to Alert of a Fire, Smoke or CO