IMCC 2015 Presentation Machinery Damage Claims A Legal

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IMCC 2015 Presentation Machinery Damage Claims – A Legal Perspective September 24, 2015 Presented

IMCC 2015 Presentation Machinery Damage Claims – A Legal Perspective September 24, 2015 Presented by: Joseph G. Grasso

2 § Insurance Coverage Considerations • Policy wording • Causation • Quantum • Roles

2 § Insurance Coverage Considerations • Policy wording • Causation • Quantum • Roles of experts • Evidentiary issues • Dispute resolution issues © 2015 Wiggin and Dana LLP Agenda

3 § Subrogation and Recovery • Causation • Quantum • Roles of experts •

3 § Subrogation and Recovery • Causation • Quantum • Roles of experts • Evidentiary issues • Nature of claims • Dispute resolution issues © 2015 Wiggin and Dana LLP Agenda (con’t. )

4 Policy Wording – Interpretation § Slips and certificates § Forms or manuscript §

4 Policy Wording – Interpretation § Slips and certificates § Forms or manuscript § Exclusions § Endorsements © 2015 Wiggin and Dana LLP § Ambiguities?

5 Causation § Fortuity requirement § Peril of the sea (e. g. , grounding

5 Causation § Fortuity requirement § Peril of the sea (e. g. , grounding or collision? ) © 2015 Wiggin and Dana LLP § Inchmaree clause cause (e. g. , latent defect or crew/repairer negligence? )

6 Quantum § Repair/replacement or defective part? § Multiple causes? § Pre-existing damage DOL?

6 Quantum § Repair/replacement or defective part? § Multiple causes? § Pre-existing damage DOL? © 2015 Wiggin and Dana LLP § Reasonable cost of repairs

7 Roles of Experts § Battles of the experts © 2015 Wiggin and Dana

7 Roles of Experts § Battles of the experts © 2015 Wiggin and Dana LLP § Confidentiality/Privilege

8 Evidentiary Issues § Access/availability © 2015 Wiggin and Dana LLP § Preservation/spoliation

8 Evidentiary Issues § Access/availability © 2015 Wiggin and Dana LLP § Preservation/spoliation

9 Dispute Resolution § Choice of law § Forum selection © 2015 Wiggin and

9 Dispute Resolution § Choice of law § Forum selection © 2015 Wiggin and Dana LLP § ADR?

10 Subrogation and Recovery © 2015 Wiggin and Dana LLP § Causation • Wear

10 Subrogation and Recovery © 2015 Wiggin and Dana LLP § Causation • Wear and tear? • Latent defect? • Multiple causes

11 Types of Claim § Breach of contract § Breach of warranty © 2015

11 Types of Claim § Breach of contract § Breach of warranty © 2015 Wiggin and Dana LLP § Tort

12 Quantum § Recoverability/forseeability © 2015 Wiggin and Dana LLP § Limitation of liability?

12 Quantum § Recoverability/forseeability © 2015 Wiggin and Dana LLP § Limitation of liability?

13 Evidentiary Issues § Preservation © 2015 Wiggin and Dana LLP § Spoliation

13 Evidentiary Issues § Preservation © 2015 Wiggin and Dana LLP § Spoliation

14 Dispute Resolution § Choice of law © 2015 Wiggin and Dana LLP §

14 Dispute Resolution § Choice of law © 2015 Wiggin and Dana LLP § Forum selection/jurisdiction

© 2015 Wiggin and Dana LLP 15

© 2015 Wiggin and Dana LLP 15

This presentation is a summary of legal principles. Nothing in this presentation constitutes legal

This presentation is a summary of legal principles. Nothing in this presentation constitutes legal advice, which can only be obtained as a result of a personal consultation with an attorney. The information published here is believed accurate at the time of publication, but is subject to change and does not purport to be a © 2015 Wiggin and Dana LLP complete statement of all relevant issues.