Author Archives: William L. Doerler

Consumer Product Safety Commission Recall


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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 November 17, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

Polaris Industries Recalls MATRYX, AXYS and Pro-Ride Snowmobiles Due to Fire Hazard (Recall Alert)

According to the CPSC’s website, “electrostatic discharge inside the fuel tank can cause vapors to ignite during operation and the tank to burst, posing a fire hazard.”

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Product Recall

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. Recently, the CPSC announced the following recalls related to products that present fire hazards:

  1. LG Energy Solution Michigan Recalls Home Energy Storage Batteries Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he home solar panel batteries can overheat, posing a risk of fire and emission of harmful smoke.”
  2. Power Plus Recalls Tora Portable Power Charging Stations Due to Fire and Explosion Hazards. According to the CPSC’s website, “[t]he lithium-ion battery in the recalled portable power charging stations can catch on fire while charging, posing fire and explosion hazards.”
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Recall Alert

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 October 20, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Gel Blaster Recalls Gel Blaster SURGE Model 1.0 Toy Guns Due to Fire Hazard. According to the CPSC’s website, “[t]he lithium-ion battery pack inside the handle can overheat and ignite, posing a fire hazard.”
  1. Backyard Nature Products Recalls Birds Choice Acrylic Bird Baths Due to Fire Hazard. According to the CPSC’s website, “[w]hen sunlight goes through the recalled bird bath’s acrylic surfaces onto nearby wooden surfaces, such as siding or decking, the wood surface can overheat, posing a fire hazard.”
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Product Recall

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 October 13, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Newair Recalls Magic Chef Air Fryers Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he air fryer can overheat, posing fire and burn hazards.”
  2. U-Line Recalls Outdoor Freezers Due to Fire Hazard. According to the CPSC’s website, “[t]he outdoor freezers can overheat, posing a fire hazard.”
  3. E-Bikes Recalled Due to Fire, Explosion and Burn Hazards; Distributed by Ancheer. According to the CPSC’s website, “[t]he lithium-ion batteries can ignite, explode or spark, posing fire, explosion and burn hazards to consumers.”
  4. Bombardier Recreational Products (BRP) Recalls Snowmobiles Due to Fire Hazard (Recall Alert). According to the CPSC’s website, “[t]he fuel injector hose retainer screw can loosen and cause a fuel leak, posing a fire hazard.”
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Recall Alert

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 October 6, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Target Recalls Tea Kettles Due to Fire and Burn Hazards. According to the CPSC’s website, “[t]he paint can chip on the bottom of the recalled kettles, posing a fire hazard. In addition, the handle can break and/or the spout can leak, posing a risk of burn injuries.”
  1. Katadyn North America Recalls Optimus Gemini Portable Gas Stoves Due to Fire Hazard. According to the CPSC’s website, “[t]he recalled stove’s gas regulator can have a tear in the seal causing a gas leak, posing a fire hazard.”
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Product Recall

Recalls of Hyper Products USB-C Battery Packs and Chargers


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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 September 29, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Hyper Products Recalls HyperJuice USB-C Battery Packs Due to Fire Hazard. According to the CPSC’s website, “[t]he battery pack can overheat while charging, posing a fire hazard to consumers.”
  1. Hyper Products Recalls HyperJuice Stackable GaN USB-C Chargers Due to Fire Hazard. According to the CPSC’s website, “[t]he chargers can overheat, posing a fire hazard to consumers.”
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Gavel

Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord


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In J&J Fish on Ctr. Str., Inc. v. Crum & Forster Specialty Ins. Co., No. 20-cv-644-bhl, 2022 U.S. Dist. LEXIS 16361, the United States District Court for the Eastern District of Wisconsin (District Court) recognized that “[t]here will be no further fish fries on Center Street until someone pays to repair the collapsed floor at J&J Fish on Center Street, Inc. (J&J Fish).”  The contenders were:  1) J&J Fish; 2) its’ insurer, Crum & Forster Specialty Insurance Company (Insurer); and 3) J&J Fish’s landlord, Vision Land, LLC (Vision). Recognizing Insurer’s right to subrogate against Vision based on the terms of the parties’ lease, the District Court held Insurer owed J&J Fish coverage for the losses it sustained, but that Insurer could subrogate against Vision for anything it had to pay J&J Fish.

Continue reading

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Signing Agreement

To Subrogate or Not to Subrogate: That Is the Question


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The obvious answer to the question is “yes” if there is a viable target. However, since I work for the subrogation department of a law firm, some may consider the answer to be a bit biased. Despite any misplaced perception of bias, there are benefits to insureds, insurers and society as a whole when insurers pursue subrogation. These benefits support having insurers pursue subrogation. Continue reading

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Recall Alert

ASUS Computer International Recalls ASUS ROG Maximus Z690 Hero Motherboards


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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 August 18, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:

ASUS Computer International Recalls ASUS ROG Maximus Z690 Hero Motherboards Due to Fire and Burn Hazards.

According to the CPSC’s website, “[a] capacitor on the motherboard was installed in a reverse position which can lead to a short circuit, overheating or melting, posing fire and burn hazards.”

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Product Recall

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 July 28, 2022, the CPSC announced the following recalls related to products that present fire hazards:

  1. Ocean Technology Systems Recalls Underwater Communication Devices Due to Fire Hazard. According to the CPSC’s website, “[w]ater can leak into the recalled underwater communication device during a dive and penetrate into the battery pack, causing the battery circuit board to short and ignite after the dive, posing a fire hazard.
  2. Daikin Comfort Technologies Manufacturing (formerly Goodman Manufacturing Company, L.P.) Expands Recall of Evaporator Coil Drain Pans to Include Those Installed with Non-Condensing Gas Furnaces Due to Fire Hazard. According to the CPSC’s website, “[t]he molded plastic drain pan located at the bottom of the evaporator coil can overheat, melt and deform, posing a fire hazard.”
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