Author Archives: William L. Doerler

Recall Alert

Consumer Product Safety Commission Recalls


This entry was posted by on .

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 September 16, 2020, the CPSC announced the following recalls related to products that present fire hazards:

  1. MWE Investments Recalls Westinghouse Portable Generators Due to Fire Hazard. According to the CPSC, “[t]he recalled portable generators can leak fuel, posing a fire and burn hazard.”
  2. Monoprice Recalls Ethernet Cables Due to Fire Hazard. According to the CPSC, “[t]he cables do not meet the flammability requirements of the UL 1666 voluntary safety standard, posing a fire hazard when the cable is exposed to a flame.”
This entry was posted in CPSC Recalls, Products Liability and tagged .
Product Recall

Royal Gourmet Recalls Deluxe Gas Grills; Sold Exclusively at Wayfair.com


This entry was posted by on .

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 September 9, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Royal Gourmet Recalls Deluxe Gas Grills Due to Fire Hazard; Sold Exclusively at Wayfair.com.

According to the CPSC, “[t]he grill’s plastic regulator hose can melt and catch fire, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Product Recall

CFMOTO Recalls Recreational Off-Highway Vehicles


This entry was posted by on .

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 September 3, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

CFMOTO Recalls Recreational Off-Highway Vehicles Due to Fire Hazard (Recall Alert).

According to the CPSC, “[t]he fuel line fitting on the vehicles can fail to securely lock onto the fuel injector inlet.  This can allow fuel to spill onto the hot engine parts and ignite, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Product Recall

Pier 1 Recalls Three-Wick Halloween Candles


This entry was posted by on .

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 August 19, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Pier 1 Recalls Three-Wick Halloween Candles Due to Fire and Burn Hazards.

According to the CPSC, “[t]he candle’s high flames can ignite the surface of the wax, posing fire and burn hazards.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Recall Alert

Intertex Recalls Blowers


This entry was posted by on .

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 August 12, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Intertex Recalls Blowers Due To Fire Hazard.

According to the CPSC, “[t]he utility outlets on the side of the blowers are not protected by a circuit breaker.  If the outlet becomes overloaded or short-circuited, it could overheat, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Gavel

First-Dollar Risk Allocated to the Insured Is Not Subject to the Made Whole Doctrine


This entry was posted by on .

Pursuant to the equitable made whole doctrine, where there are limited funds available, an insurer cannot pursue subrogation until the insured has been made whole – i.e., fully compensated – for its injuries. In City of Asbury Park v. Star Ins. Co., No. A-20, 083371, 2020 N.J. LEXIS 746, the Supreme Court of New Jersey (Supreme Court) addressed the question of whether the equitable made whole doctrine applies to first-dollar risk an insured takes on, such as a deductible or self-insured retention (SIR). More specifically, the Supreme Court considered whether the insured, here the City of Asbury Park, was entitled to recover all its $400,000 SIR before the insurer, Star Insurance Company (Insurer) could assert its subrogation rights. The court held that the made whole doctrine does not apply to first-dollar risk allocated to the insured. Continue reading

This entry was posted in Made Whole, New Jersey, Subrogation, Workers' Compensation and tagged , , , .
Product Recall

Polaris Recalls Snowmobiles Due to Fire Hazard


This entry was posted by on .

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 July 16, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Recalls Snowmobiles Due to Fire Hazard (Recall Alert).

According to the CPSC, “[t]he fuel hose can be improperly secured, posing a fire hazard to consumers.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Product Recall

RH Recalls Riveted Mesh Floor Lamps Due to Fire Hazard


This entry was posted by on .

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 July 9, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

RH Recalls Riveted Mesh Floor Lamps Due to Fire Hazard (Recall Alert).

According to the CPSC, “[t]he lamp’s on/off foot switch can overheat, melt or catch fire, posing a fire hazard.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Product Recall

Edwards Recalls Mechanical Heat Detectors


This entry was posted by on .

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 June 17, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Edwards Recalls Mechanical Heat Detectors Due to Failure to Alert to Fire.

According to the CPSC, “[t]he recalled heat detectors can fail to activate in reaction to rising temperatures, posing a risk of failure to alert consumers to a fire.”

This entry was posted in CPSC Recalls, Products Liability and tagged .
Recall Alert

Rexair Recalls To Repair Rainbow SRX Vacuums


This entry was posted by on .

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 June 17, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:

Rexair Recalls to Repair Rainbow SRX Vacuums Due to Fire and Burn Hazards.

According to the CPSC, “[t]he circuit board on the vacuum can spark, posing fire and burn hazards.”

This entry was posted in CPSC Recalls, Products Liability and tagged .