Author Archives: William L. Doerler

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Arizona Purchaser Dwelling Actions Are Subject to a New Construction


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Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural requirements and limit a subcontractor’s indemnity exposure. The governor signed the bill—2019 Ariz. SB 1271—on April 10, 2019, and the changes go into effect and apply, retroactively “to from and after June 30, 2019.” The following discussion details some of the changes to the law. Continue reading

This entry was posted in Arizona, Construction Defects, Right to Repair Act and tagged , , , , .
Recall Alert

Excel Industries Recalls Zero-Turn 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 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 May 30, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Excel Industries Recalls Zero-Turn Mowers Due to Fire Hazard.

According to the CPSC, “[a] wire tie underneath the seat could damage the fuel line, posing a fire hazard.”

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Product Recall

Target Recalls USB Charging Cables


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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 May 29, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Target Recalls USB Charging Cables Due to Shock and Fire Hazards.

According to the CPSC, “[t]he metal around the cord can become electrically charged if it contacts the USB wall charger plug prongs while charging, posing shock and fire hazards.”

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Recall Alert

Consumer Product Safety Commission Recalls Products 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. Recently, the CPSC announced the following recalls related to products that present fire hazards:

Tween Brands Recalls Light Up Bed Canopies Due to Fire and Burn Hazards;

DAVIDsTEA Recalls Valentine’s Day Stackable Mugs Due to Fire Hazard.

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Product Recall

Arctic Cat Recalls Snowmobiles


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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 April 18, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Arctic Cat Recalls Snowmobiles Due to Fire Hazard.

According to the CPSC, “[w]hile operating the snowmobile the exhaust can flame from the muffler outlet, posing a fire hazard.”

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Gavel

New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments


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Subrogating insurers often address waiver of subrogation clauses in the form contracts drafted by the American Institute of Architects. In ACE Am. Ins. Co. v. Am. Med. Plumbing, No. A-5395-16T4, 2019 N.J. Super. LEXIS 45 (App. Div.), ACE American Insurance Company (ACE) argued that the waiver clause in the AIA General Conditions form A201-2007 did not extend to the post-construction loss at issue. Adopting what the court termed the “majority” position, the Appellate Division held that, by reading §§ 11.3.5 and 11.3.7 together, the waiver applied to bar the insurer’s subrogation claim. The Appellate Court’s ruling makes pursuing subrogation against New Jersey contractors using AIA contract forms more difficult. Continue reading

This entry was posted in New Jersey, Waiver of Subrogation and tagged , .
Recall Alert

Interline Brands Recalls Proplus Brass Flare Swivel Fittings


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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 28, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

Interline Brands Recalls Swivel Fittings Due to Fire Hazard.

According to the CPSC, “[t]he fittings can leak, posing a fire hazard.” The swivels are used “primarily for LP gas (propane) applications by professional installers.”

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Product Recall

Consumer Product Safety Commission Announces Multiple 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 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. Recently, the CPSC announced the following recalls related to products that present fire hazards:

Kubota Recalls Zero Turn Mowers Due to Fire Hazard (March 20, 2019);

American Honda Recalls Portable Generators Due to Fire and Burn Hazards (March 20, 2019);

Bulk Unlimited Recalls Children’s Globes Due to Fire and Burn Hazards (March 21, 2019).

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Recall Alert

Multiple 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 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, 2019, the CPSC announced the following recalls related to products that present fire hazards:

Kawasaki USA Recalls Off-Highway Utility Vehicles Due to Fuel Leak, Fire Hazards;

Brush Art Recalls WIC Nutrition Plates Due to Fire Hazard; and

Tech Gear 5.7 Recalls Performance Heated Socks Due to Fire and Burn Hazards.

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Product Recall

HP Expands Recall of Batteries for Notebook Computers and Mobile Workstations


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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 12, 2019, the CPSC announced the following recall related to a product that presents a fire hazard:

HP Expands Recall of Batteries for Notebook Computers and Mobile Workstations Due to Fire and Burn Hazards.

According to the CPSC, “[t]he lithium-ion batteries can overheat, posing fire and burn hazards.”

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