In 2011, the Wisconsin Legislature created Wisconsin Statute §895.047, establishing and redefining the necessary proof for claims of strict product liability (this expansive piece of legislation is commonly referred to as “Act 2”). In a recent opinion, Murphy v. Columbus McKinnon Corp., the Wisconsin Court of Appeals provided guidance on how this broad-sweeping legislative change […]
Malfunctioning Products: Circumstantial Evidence in a Material World
On Tuesday, March 9th at 1:00 p.m. (Eastern), please join Attorney Aaron Plamann for a one-hour webinar to discuss malfunctioning products and the use of circumstantial evidence to prove defect and liability. The webinar is free for NASP members! For further details and to register, please follow: https://www.subrogation.org/event?eventKey=ca5a0e3c-f8e0-4956-93ab-a6925c343e16 When a product fails and causes property […]
Know Your Subrogation Story
When a property damage claim is made, an insurance professional (either a frontline property adjuster or a dedicated subrogation claims adjuster) should determine whether there is potential for subrogation. The best way to make this determination is to uncover the all-important who, what, when where, why, and how of the story. The success of your […]
Alternative Methods for Securing Evidence in the COVID-19 Era
As a follow-up to the latest blog about in-person evidence inspections (Fire and Evidence Inspections in the Age of COVID-19), evidence can also be collected by methods other than having an engineer, property adjuster, or technician secure the evidence. This information applies to any time it is not economical to send someone to a loss […]
Fire and Evidence Inspections in the Age of COVID-19
As much of the country is determining how to best function in working from home and keeping appropriate social distance, the insurance industry is in a difficult position as some functions, such as claims handling and evidentiary inspections, cannot be conducted remotely and must involve the in-person, physical inspection of a loss site or of […]






