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A video explaining some defenses to shape claims



Watch the full video at https://rumble.com/vqu68o-a-video-explaining-some-defenses-to-mold-claims.html and at https: // youtu. be / 0EGQf6SUjMQ

Economic Loss Doctrine

The economic loss doctrine is a legally created doctrine that presupposes that a commercial buyer of a product can not recover from a manufacturer, under the products' strict tort theories or theories of liability, damages that are purely "economic" in nature. "It is a defense against claims for damages that arise in construction cases and, in all claims, concerning property damage due to mold. as opposed to personal injury or emotional suffering, or damage to real property or personal property) as a result of someone else's actions do not seek recovery through damages. [2959007] The economic loss doctrine does not apply to claims for breach of warranty under the Uniform Commercial Code from a purchaser of an alleged defective product who has incurred property damage only.

I Kriegler v. Eichler Homes, Inc. . 269 ​​Cal.App.2d 224 (1969), the courts fully examined the rule of financial loss and drew the line between a financial loss and physical damage to property, including the defective product itself. They allowed the recovery of strict damages in the latter case. California's strict liability cornerstone construction case allowed the recovery of strict liability damages where improperly manufactured radiant heating pipes installed in the substandard concrete slab in the plaintiff's home caused faults in the heating system and resulted in urgent and permanent repairs, removal and storage of furniture and the plaintiff

Special risk

In accordance with the specific risk doctrine, an innocent third party injured by the negligence of an independent contractor could sue the contractor's tenant (developer) so that the contractor or general contractor did not have to rely on the contractor's contractor. solvency to obtain compensation for damages. In California, the Occupational Injuries Act creates an exclusive indemnity for an employee who is injured at work and if such benefits are available – even if the injured employer's employer had no insurance for occupational injury compensation – a third party's claim is against the person who hires his employer. statute of limitations

Prescription and repos

In any process concerning mold, the statute of limitations or repos statutes is a key issue to be resolved at or before the trial. If it can be shown that the prescription or repo applies, the case is closed and the plaintiffs get nothing back. If it is determined by a request for a summary judgment, or other preliminary proceedings, the case will never go to trial.

Assumption of risk

Assumption of risk

Where a voluntary participant in a sports activity suffers an injury a foreseeable risk of participation, in that activity his claim is blocked by the adoption of the risk doctrine. Any factual dispute about negligence on the part of the person claiming damages from not preventing damage to the claimant is irrelevant with regard to the question of taking over the risk. The defense would apply to a person who buys a property that is obviously infested with mold or fungus. claims are of comparative negligence may be to reduce the recoverable amount. Evidence of comparative negligence will also help the disputing party to prove or defeat the part of the proceedings that requires damages through negligence.

Mold claims appear to be made under several theories of contract, warranty and damages. This video explains in detail some of the available defenses that a party, or the party's insurer, will claim to avoid the mold claim or lawsuit.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice of serving as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders.

He also serves as an arbitrator or media

for insurance-related litigants. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry.

Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.

He is available at http://www.zalma.com and zalma@zalma.com. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claimants to become professionals in insurance claims.

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