Author Archives: William L. Doerler

Recall Alert

Brookstone Wireless Speakers Recalled


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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 19, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Brookstone Wireless Speakers Recalled Due to Fire Hazard.

According to the CPSC, “[t]he lithium ion batteries in the wireless speakers can overheat and catch fire, posing a fire hazard.”

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Product Recall

Hydrolevel Recalls Controllers for Slant/Fin Boilers


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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 18, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Hydrolevel Recalls Controllers for Slant/Fin Boilers Due to Fire Hazard.

According to the CPSC, “[a] malfunction in the recalled controller can cause the boiler to overheat, posing a fire hazard.”

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Recall Alert

Kikkerland Recalls Wireless Charger Bedside Pockets


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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 18, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Kikkerland Recalls Wireless Charger Bedside Pockets Due to Fire and Burn Hazard.

According to the CPSC, “[t]he wireless charger bedside pockets can overheat, posing fire and burn hazards.”

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Product Recall

Cooper Lighting Recalls Solar/Battery Powered Light Fixtures


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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 11, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Cooper Lighting Recalls Solar/Battery Powered Light Fixtures Due to Fire Hazard.

According to the CPSC, “[t]he batteries in the solar-powered light fixtures can overheat and cause the light fixture’s housing to melt, posing a fire hazard.”

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Recall Alert

Briggs & Stratton Recalls Portable Generator Fuel Tank Replacement Caps


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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 10, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Briggs & Stratton Recalls Portable Generator Fuel Tank Replacement Caps, Due to Fire Hazard.

According to the CPSC, “[t]he fuel tank replacement caps lack ventilation holes which allow pressure to build up in the fuel tank, posing a fire hazard.”

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Product Recall

Traeger Grills Recalls Wood Pellet Grills


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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 25, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Traeger Grills Recalls Wood Pellet Grills Due to Fire Hazard.

According to the CPSC, grease can leak from the drip tray, posing a fire hazard.

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Recall Alert

Hawthorne Hydroponics Recalls Humidifiers


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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 5, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Hawthorne Hydroponics Recalls Humidifiers Due to Fire and Shock Hazards.

According to the CPSC, the humidifiers can overheat while in use.

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Cargo

Carmack Amendment Loss Claims Should Indicate a Specified or Determinable Amount of Money


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In N.Y. Marine & Gen. Ins. Co. v. Estes Express Lines, Inc., 719 Fed. Appx. 691 (9th Cir. 2018), the United States Court of Appeals for the Ninth Circuit (Appeals Court) addressed the question of whether an insurer, N.Y. Marine & General Insurance Company (N.Y. Marine), could recover from a cargo carrier under the Carmack Amendment, 49 U.S.C. § 14706, if the insured’s loss claim did not state a specified amount of money. Finding that § 14706 requires that a party filing a cargo loss claim state a specified or determinable amount of money, the Appeals Court affirmed the district court’s holding that neither the carrier, Estes Express Lines, Inc. (Estes) nor the broker, Exfreight Zeta, Inc. (Zeta), was liable to N.Y. Marine. Continue reading

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Product Recall

Xtava Recalls Allure Hair Dryers


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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 15, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Xtava Recalls Allure Hair Dryers Due to Fire, Burn and Electrical Shock Hazards.

According to the CPSC, “[t]he hair dryer and power cord can overheat and catch on fire, posing fire, burn and electrical shock 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 August 2, 2018, the CPSC announced the following recalls related to products that present fire and/or explosion hazards:

Zebra Technologies Expands Recall of Power Supply Units for Thermal Printers Due to Fire Hazard

Miller Fireworks Recalls Fireworks Due to Violation of Federal Standard; Explosion and Burn Hazards.

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