A "loan receipt" between an insured and an insurer creates a legal fiction whereby an insurer "loans" the insured money in response to a claim to establish subrogation rights. See American Chain & Cable Co., Inc. v. Brunson,157 Ga. App. 833, 278 S.E.2d 719 (1981). ... Continue Reading
A recent opinion from the U.S. DistrictCourt for the Northern District of Illinois is the latest in a series of federaljudicial decisions narrowing the range of recoverable expert fees and denying aparty reimbursement of excessive "expert related" expenses. ... Continue Reading
Tennessee Formally Adopts New Limitations To Coverage For Increased Cost Of Repair: Chattanooga Bank Associates V. Fidelity And Deposit Company Of Maryland
Insurers are generally presented with claims seeking reimbursement for the increased cost of repair or cost of code upgrades. However, sophisticated insureds often attempt to obtain coverage for the "increased cost of repair" to non-damaged property, arguing that "concurrent causation" principles apply. The "concurrent causation" doctrine creates coverage in a situation where a non-excluded cause is a substantial factor in producing the damage or inj ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley