Author Archives: Christopher Konzelmann


Fire Loss Subrogation Counsel and Origin and Cause Consultants Must Work Together in Responding to Opinion Admissibility Challenges

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Philadelphia Contributorship Ins. Co. a/s/o David Munz v. Ryan, Inc., 2019 N.J. Super. Unpub. LEXIS 62, involves a typical fire loss subrogation claim requiring expert testimony from an origin and cause consultant and a furnace consultant. The facts are straightforward. The Munz home lost heat. Munz called furnace service contractor Ryan, Inc. to check the system and make needed repairs. One month later, a fire originating in the furnace damaged the home. Munz’s insurer paid the first party claim and filed a subrogation action against Ryan, Inc. The underlying liability theory was that the Ryan, Inc. furnace technician should not have repaired the furnace and placed it back into service. Continue reading

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Large Property Loss

Fire Consultants Cannot Base Opinions on Speculation

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Larsen v. 401 Main St. Inc., 302 Neb. 454 (2019), involved a fire originating in the basement of the Quart House Pub (Pub) in Plattsmouth, Nebraska that spread to and damaged Plattsmouth Chiropractic Center, Inc., a neighboring business. Fire investigators could not enter the building because the structure was unsafe and demolished. The chiropractic center nevertheless sued the Pub alleging that its failure to maintain and replace basement mechanical equipment caused ignition. Continue reading

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