New York State versus Federal Expert Disclosure

As I’ve written in this column previously, one of the advantages of litigating a subrogation claim in New York state court (versus federal) is expert disclosure.  In state practice, in order to have an expert testify at trial, all an attorney need do is comply with CPLR 3101(d).  This provision requires only that you disclose a short setting forth “in reasonable detail”:

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Court Denies Subrogating Carrier’s Attempt to “Sever” Its Claim from Its Insured’s Personal Injury Action

In the early morning hours of December 2005, a horrible explosion occurred at a house in the Village of Horseheads in Chemung County.  The explosion caused serious injuries to the family living at the house.  Additionally, several nearby buildings were destroyed, including Pete’s Garage.  Pete’s submitted a claim to its carrier and the carrier paid approximately $50,000.

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Party Skipping Joint Scene Exam Can't Later Cry "Spoliations"

How many of you have encountered this scenario?   A fire occurs and your investigator’s initial scene exam indicates there is the possibility of subrogation and has identifies a possible culprit.  You stop the scene exam and send a letter to the possible culprit(s) inviting him/her to set up a joint scene exam so their representative can view the fire scene before the area is cleaned out and rebuilt.  The possible culprit (or their carrier) either doesn’t respond or refuses to cooperate in setting a date in the very near future for the joint scene exam.  What do you do?

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