Author Archives: William L. Doerler

Ocean State Job Lot Recalls “Growing Table-Mini Greenhouse and Raised Garden Bed”


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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 February 15, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Ocean State Job Lot Recalls “Growing Table-Mini Greenhouse and Raised Garden Bed” Due to Fire Hazard

According to the CPSC’s website, “[t]he recalled greenhouses can overheat, posing a fire hazard resulting in property damage and injury.”

Product images from the CPSC website are set forth below:

This entry was posted in CPSC Recalls, Products Liability, Uncategorized and tagged .
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 February 8, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. GPU Angled Adapters Recalled Due to Fire and Burn Hazards; Manufactured by CableMod. According to the CPSC’s website, “[t]he adapters’ male connector can become loose, overheat, and melt into the GPU, posing fire and burn hazards.”
  2. VPR Brands Recalls Lighters Due to Missing Child Safety Feature, Posing Burn and Fire Hazards; Violation of the Federal Regulation for Cigarette Lighters. According to the CPSC’s website, “[t]he lighters do not have child-resistant mechanisms and were not tested to the federal regulatory requirements for child resistance. Young children under 5 years old could ignite the lighters, posing fire and burn hazards.”
  3. Husqvarna Recalls Grass Trimmers Due to Fire Hazard. According to the CPSC’s website, “[i]ncorrect wiring in the ignition module on the recalled grass trimmers can cause an electrical spark or arcing, posing a fire hazard if gas is on or near the unit.”
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Fine Art Losses – “Canvas” the Subrogation Landscape


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If a fire or flood destroys a high-net-worth client’s fine art collection, an insurer who pays out a claim related to the loss has an incentive to pursue subrogation. This article explores some of the issues an insurer should “canvas” before pursuing subrogation for these types of claims.

Damage to fine art can occur in a number of ways. For instance, fine art may be damaged in a natural disaster – such as a flood or a wildfire. Artwork may also be accidentally damaged because of a transportation-related incident physically damaging the art. In addition, artwork may suffer fire or smoke damage from a fire within a building. Another possibility is that the artwork suffers damage because of renovations either to the insured’s home or a neighboring property. For example, a renovation contractor may damage artwork due to vibrations or leaking water. A construction worker, moreover, may turn with a tool in his hand, or trip and fall, damaging the artwork.

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This entry was posted in Anti-Subrogation Rule, Cargo - Transportation, Damages, Damages – Personal Property, Subrogation and tagged .
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 February 1, 2024, the CPSC announced the following recalls related to products that present fire hazards:

  1. BISSELL Recalls Multi Reach Hand and Floor Vacuum Cleaners Due to Fire Hazard. According to the CPSC’s website, “[t]he vacuum’s battery pack can overheat and smoke, posing a fire hazard.”
  1. Snap Recalls Lithium-Ion Battery Sold for Pixy Flying Cameras Due to Fire Hazard. According to the CPSC’s website, “[t]he lithium-ion battery in the camera can overheat, posing a fire hazard.”
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Recall Alert

Pacific Cycle Recalls E-Bikes


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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 January 25, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Pacific Cycle Recalls E-Bikes Due to Fire Hazard

According to the CPSC’s website, “[t]he wiring harness that manages the charging of the lithium-ion battery was not properly assembled, creating a risk of overheating and fire while charging.”

Product images from the CPSC website are set forth below:

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

Bokser Home Recalls Mattress Pads


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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 January 18, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Bokser Home Recalls Mattress Pads Due to Fire Hazard and Violation of Federal Mattress Pad Flammability Regulation.

According to the CPSC’s website, “[t]he recalled mattress pads violate the mandatory federal flammability regulation for mattress pads, posing a fire hazard.”

Product images from the CPSC website are set forth below:

 

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Product Recall

Consumer Product Safety Commission Expands Recall of Daikin Evaporator Coil Drain Pans


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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 January 11, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Daikin Comfort Technologies Manufacturing (formerly Goodman Manufacturing Company L.P.) Expands Recall of Evaporator Coil Drain Pans to Include Additional Units.

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.”

Product images from the CPSC website are set forth below:

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

Homedics Recalls Massagers


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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 January 4, 2024, the CPSC announced the following recall related to a product that presents a fire hazard:

Homedics Recalls Massagers Due to Fire and Burn Hazards.

According to the CPSC’s website, “[t]he massagers can overheat while charging, posing fire and burn hazards.”

Product images from the CPSC website are set forth below:

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BlendJet Recalls 4.8 Million BlendJet 2 Portable Blenders


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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 December 28, 2023, the CPSC announced the following recall related to a product that presents a fire hazard:

BlendJet Recalls 4.8 Million BlendJet 2 Portable Blenders Due to Fire and Laceration Hazards.

According to the CPSC’s website, “[t]he recalled blenders can overheat or catch fire and the blender blades can break off, posing fire and laceration hazards to consumers.”

Product images from the CPSC website are set forth below:

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

The Sounds of Silence: Pennsylvania’s Sutton Rule


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In Westminster Am. Ins. Co. a/s/o Androulla M. Toffalli v. Bond, No. 538 EDA 2023, 2023 Pa. Super. LEXIS 626, 2023 PA Super 272, the Superior Court of Pennsylvania (Appellate Court) recently discussed the impact of silence on the Sutton Rule with respect to the landlord, Androulla M. Toffalli (Landlord), securing insurance. After holding that the tenant, Amy S. Bond (Bond) t/a Blondie’s Salon – who leased both commercial and residential space in the building pursuant to written leases – was not an implied “co-insured” on Landlord’s insurance policy, the Appellate Court reversed the decision of the trial court.

In this case, Bond rented the ground floor of a property located in Monroe County pursuant to a written commercial lease (Commercial Lease) and operated Blondie’s salon out of the leased location. In addition, Bond rented and lived in a second-floor apartment pursuant to a residential lease (Residential Lease). Both leases required the tenants (Tenants) to obtain insurance for personal items. The leases, however, did not require Landlord to obtain fire insurance for the property.

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This entry was posted in Anti-Subrogation Rule, Landlord-Tenant, Pennsylvania, Subrogation, Sutton Doctrine and tagged , , , , .