Media / Events
Recent Events
A jury unanimously determined Electrolux’s ball-hitch clothes dryer design is defective under both Pennsylvania’s Consumer Expectations Test and Risk-Utility Test in Allstate, et al. v. Electrolux Home Products, Inc., Civil Action No.: 116-cv-04276! Raymond Mack and Patrick Hughes represented Allstate in the four week trial, which resulted in the first jury verdict against Electrolux related to its ball-hitch dryers. The case involved eight separate dryer fires that occurred between 2012 and 2016 causing damage to residential and commercial properties insured by Allstate. At trial, Mr. Mack and Mr. Hughes presented evidence that Electrolux’s ball-hitch dryers are defective because they permit lint accumulation in a hidden area behind the dryer drum and in close proximity to the dryer’s heat source resulting in lint ignition. Once the lint is ignited it travels downstream and ignites combustible plastic component parts causing the fire to escape the dryer cabinet. The jury deliberated for less than three hours and returned a verdict in favor of Allstate in the stipulated amount of $830,000.
Attorneys from de Luca Levine LLC recently scored an appeal victory in the Commonwealth Court of Pennsylvania. We represented a national property carrier that insured a building damaged during the botched demolition of a neighboring, fire-damaged building. After the fire, the City of Philadelphia hired the defendant to assist with the official investigation by way of demolishing portions of the damaged building. During the demolition, wherein defendant failed to support the building’s outer walls, they collapsed onto neighboring buildings. Prior to trial, defendant argued that it was acting as an employee of the city when the incident occurred, and was therefore immune from suit. When the trial court agreed, our attorneys promptly appealed. In its appellate opinion, the Commonwealth Court reversed the trial court’s decision, finding that defendant was an independent contractor and therefore did not enjoy sovereign immunity. Thus, our client can go back to the trial court and continue pursuing its damages.
Upcoming Events
Pursuing Overseas Product Manufacturers and Suppliers - Presented by Richard Boyd and Ken LevineNASP 2021 Annual Conference, San Antonio, TX – November 8, 2021
The proliferation of direct product sales from other countries has created difficult legal and practical subrogation challenges. This presentation will focus on what recovery professionals should know and consider when faced with the prospect of pursuing foreign sellers. Topics will include properly identifying and notifying the right defendants, both foreign and domestic; motivating participation in initial site inspections and evidence exams; determining which parties provide greatest chance of success, as well as offer most efficient recovery options; jurisdictional and venue challenges; and the costs and likely roadblocks to be encountered along the way. Strategies will be discussed to enhance recovery opportunities, and for overcoming inevitable roadblocks.
Past Events
Cyber Subrogation 2021 - Ransomware Attacks and Email Spoofing – Presented by Kenneth Levine
NASP Spring Conference, Virtual – March 26, 2021
Cyber claims in 2020 exploded in volume, especially with ransomware claims and email spoofing / fund transfer incidents. This presentation to subrogation professionals addresses the proper handling of such claims for recovery purposes – from investigation to necessary elements for recovery. Subrogation hurdles for each type of claim are also reviewed, as well as the best arguments for overcoming such anticipated defenses. Ken was assisted in such presentation by Dale Coddington, a digital forensic expert.
Lithium Battery Fires and Products Liability Update – Presented by Raymond E. Mack, Patrick A. Hughes and Mike Eskra
NASP Virtual Spring Conference, March 25, 2021
Update on current developments involving lithium battery fires. Lithium batteries are compact, lightweight, rechargeable and extremely powerful, which is why they’re used to energize a myriad of modern consumer products and have the propensity to fail spectacularly. While it’s no secret battery fires cause hundreds of millions of dollars in property damage annually, recoveries can prove elusive. Who made the battery? Was it OEM or a replacement? Did the insured’s misuse or careless handling of the battery cause its malfunction? Did your fire investigator recover all of the battery’s remains? Were the artifacts properly preserved? What tests help determine whether a battery was a fire cause rather than a fire victim? Do properly designed battery management systems prevent fires? Should I retain an electrical engineer, chemical engineer, metallurgist or some other expert to move the investigation forward? During litigation, will my expert survive the manufacturer’s Daubert challenge? Our panel of battery fire subrogation experts will answer all of the foregoing questions and many more to help you Charge Your Subrogation Recoveries!
Prevention through Design: Winning Design Defect Cases Using Core Safety Engineering Concepts - Presented by Patrick A. Hughes, Raymond E. Mack and Michael J. Stoddard
NASP Virtual National Conference, November 18, 2020
Electrical faults, failures and fires—Oh My! – Presented by Richard Boyd, Esq., and Michael Wald, Electrical Engineer
Design defect cases are complex and fiercely defended. To win, the subrogation professional must understand certain fundamental safety engineering concepts. Injury prevention through hazard identification and risk reduction are a product manufacturer’s responsibility. Foreseeable product uses, both intended and unintended, and the safety hazards that accompany such uses must be proactively identified, quantified, assessed, and accounted for in the product’s design by the manufacturer at every stage. Consumer products should fail safely, regardless of age. Where and when indicated, feasible design changes that eliminate or reduce risk are required. Within the hierarchy of safe engineering and design, which is the accepted standard of care, printed warnings are recognized as ineffective and a method of last resort. Manufacturers are required to keep key design safety test and performance records for decades, so targeted document requests informed by a solid understanding of core safety engineering concepts should result in the disclosure of the evidence needed to prevail at trial. As we explore real cases that involved these and other core safety-engineering concepts, the subrogation professional will recognize what it takes to identify and win high-stakes design defect cases.
NASP National Conference, Washington, D.C. November, 2019
Electrical faults, failures and fires—Oh My! – Presented by Richard Boyd, Esq., and Michael Wald, Electrical Engineer
This entertaining presentation delved into the world of electrical fires. Attendees learned the basic scientific principles involved in all electrical fires in an easy to understand manner from one of the Industry's leading electrical engineers, Michael Wald. The most common failure modes and terminology were discussed, including short-circuits, loose connections, resistance heating, surges and arcing. This knowledge was then applied to understanding how electrical failures manifest themselves in common appliances such as fans, dehumidifiers, dryers and more. By the end, attendees were armed with the requisite knowledge to intelligently present their electrical claims.
Lithium Battery Fires and Products Liability Update – Presented by Raymond E. Mack, Patrick A. Hughes, Mike Eskra and David Klitsch
NASP National Conference, Orlando, Florida - November 18, 2018
Lithium batteries are compact, lightweight, rechargeable and extremely powerful, which is why they’re used to energize a myriad of modern consumer products and have the propensity to fail spectacularly. While it’s no secret battery fires cause hundreds of millions of dollars in property damage annually, recoveries can prove elusive. Who made the battery? Was it OEM or a replacement? Did the insured’s misuse or careless handling of the battery cause its malfunction? Did your fire investigator recover all of the battery’s remains? Were the artifacts properly preserved? What tests help determine whether a battery was a fire cause rather than a fire victim? Do properly designed battery management systems prevent fires? Should I retain an electrical engineer, chemical engineer, metallurgist or some other expert to move the investigation forward? During litigation, will my expert survive the manufacturer’s Daubert challenge? Our panel of battery fire subrogation experts will answer all of the foregoing questions and many more to help you Charge Your Subrogation Recoveries!
Navigating the Consumer Product Safety Act to Advance Your Subrogation Claim and Maximize Your Recovery - Presented by Patrick Hughes and Richard J. Boyd
NASP National Conference, San Diego, California (via Zoom) – November 6, 2017
Every seller of consumer products in the United States has a statutory requirement to self-report product hazards to the U.S. government under the Consumer Product Safety Act (the “CPSA”). This is information that sellers do not want you to know or get, yet it is vital to the success or failure of the subrogation professional’s claim. This presentation will provide an overview of the purpose, history and jurisdictional reach of our country’s product safety watchdog. Invaluable information available through the CPSA will be reviewed in-depth, including (1) the strict requirements for identifying and reporting product incidents, (2) settlement and lawsuit quantities available per manufacturer, (3) the mechanics by which the CPSA evaluates product hazards and conducts its recall process, and (4) the requirements for record maintenance that can be highly valuable to bolstering your case. Throughout the presentation the participants will be instructed on practical tips for using the CPSA and information obtained from the CPSC in settlement negations. Participants will also be provided with examples of how they can use the CPSA as a discovery tool to apply pressure to product manufacturers in the litigation setting.
NASP 2018 Subrogation Litigation: Skills Management Conference
Winning Recoveries Against Utilities presented by Raymond Mack and Joseph McGlynn
March 23, 2018; The Roosevelt, New Orleans, LA
Utility cases present unique challenges for recovery professionals. This interactive presentation will demonstrate through real world examples how to ensure you make the right decisions and avoid the usual pitfalls. First, the presenters will explain why utilities are liable under a variety of scenarios. Second, the presenters will describe the anatomy of utility company litigation, and examine the evidentiary and legal roadblocks at each stage. The role of state Tariffs and the Public Utility Commission will be explored within the context of subrogation litigation. Finally, the presentation will include actual video and audio from the presenter’s cases to illustrate the above. The subrogation professional from each discipline will leave with the subject matter knowledge required to narrow the focus of your utilities case and increase the profitability of these claims.
All at NASP Annual Conference in Austin, Texas.
http://www.subrogation.org/event/nasp-2017-annual-conference/
SPEAKERS: Jeffrey Zielinski and Kenneth Levine with Ed Steele from Erie Insurance-
DATE TIME:11/7/2017 at 11 AM
TITLE: Subrogation Ethics: Talking Points and Rules for Consideration by Subrogation Adjusters, Managers, and Attorneys
SPEAKERS: Patrick Hughes and Richard Boyd
DATE TIME: 11/6/2017 at 4:15 PM
TITLE: Dirty Laundry Revealed!: Navigating the Consumer Product Safety Act to Maximize Recoveries From Product Sellers
DAMAGES! Maximizing Your Recoverable Property Damage Claim, Presented by Jeffrey M. Zielinski 2016 Midwest (Subrogation) Conference scheduled for June 23rd, 2016 in Omaha, NE.
Federal Hazardous Substance Act - Friend or Foe? Evaluating and Exploiting Product Labeling Requirements for Combustible and Flammable Consumer Products, Presented by Ken Levine & William Vigilante 2016 NASP Annual Conference scheduled for October 24 2016
Catastrophic Gas Explosions and Aging Infrastructure: What Every Recovery Professional Must Know, Presented by Raymond Mack & Mark McDonald2016 NASP Annual Conference scheduled for October 24 2016
Show Me the Money NOW!" Obtaining timely Payment in Multi-Party Insufficient Limit Cases, Presented by Richard J. Boyd & Jeffrey M. Zielinski 2016 NASP Annual Conference scheduled for October 25 2016
Recent Developments, Trends & Decisions in Property Subrogation, Presented by Dan de Luca & John Schleiter 2016 NASP Annual Conference scheduled for October 25 2016
Fire Experts in Today's Courts: A Dramatization Legal Update
Kenneth Levine, Raymond Mack, and Michael Munger
NASP 2015 National Conference
Reno, Nevada
November 10, 2015
You hired the best expert for an important case, yet you lost before stepping foot in the courtroom. Why? This presentation will bring to life the most important issues presently facing fire investigators and engineers through use of dramatized courtroom vignettes with real attorneys and experts. The “performers” will recreate courtroom testimony, arguments and rulings from actual recent decisions, and spark discussions addressing the testing of expert opinions - qualifications, reliability and fit. In doing so, the presentation will focus on what today’s subrogation professionals should understand about how their expert testimony is actually reviewed, admitted or rejected – and why. Our attorneys will be joined for this presentation by Certified Fire Investigator David Klitsch, formerly of the Pennsylvania State Police Fire Marshall Unit.
Managing Recoveries through the Annual Cycle: From Budgets and Forecasts through the 4Q Stretch
Jeffrey Zielinski
NASP 2015 National Conference
Reno, Nevada
November 9, 2015
Jeff will be moderating a panel of insurance industry subrogation executives who will discuss the annual planning and execution by insurance recovery departments. This discussion will focus on different approaches to management requirements that are often not discussed amongst subro professionals outside their own company. The topics will range from the annual planning and development of expense and recovery budgets to executing on these goals throughout the year and down the stretch. The panelists will discuss their experiences with these annual cycle issues, hurdles they have overcome, and steps others can use to improve their own practices.
Advanced Settlement Strategies
Daniel de Luca and Rich Boyd
NASP 2015 National Conference
Reno, Nevada
November 9, 2015
This entertaining, interactive presentation will explore successful settlement strategies, focusing on subrogation litigation matters. Topics will include the process that best fits particular subrogation cases; choosing the right mediator; and addressing combative adversaries. Dan and Rich will be joined by PMA’s Scott Harrar, who will provide the carrier’s internal perspective as well. By understanding how to address and overcome various mediation and settlement roadblocks, subrogation professionals will maximize recoveries and achieve the best results for their clients/companies.
The Importance of Subrogation to the Claims Process
Daniel de Luca
Energi Risk Management & Insurance Summit
Washington, D.C.
October 13, 2015
Subrogation’s important role is often overlooked or unappreciated in the energy industry’s claim process. This panel discussion will include expert’s serving various risk management roles. Dan de Luca will focus on the importance of the insured’s role in the process, as well as the societal and financial benefits of subrogation best practices.
Cyber Subrogation in 2015
Kenneth Levine and Jeffrey Zielinski
NASP Eastern Pennsylvania Chapter Meeting
Fort Washington, Pennsylvania
September 30, 2015
Cyber Insurance is the hottest growing product in the industry, and the claims arising under such coverage are increasing along with the coverage. Almost every state has now enacted new identity protection and breach notification laws. This presentation will provide an overview on the cyber protection coverages and recovery opportunities, as well as a review of recent developing caselaw focused on subrogation limitations in this context.