On Subrogation: Recent Episodes
Rathbone Group, LLC
Have you been looking for a podcast that focuses on insurance subrogation? Of course you have, and here you are! On Subrogation is brought to you by national subrogation law firm, Rathbone Group, LLC, and hosted by experienced litigators, who focus their practice on subrogation. It is the podcast about how to recover your damages from the people who caused them.
Topics span litigation, claims, and many more.
To ask questions or suggest future topics, e-mail us at podcast@rathbonegroup.com.
Special thanks to Ralph DiSylvestro for our intro and outro music!
Not every injury in a motor vehicle accident is caused by the crash itself. Under the crashworthiness doctrine, manufacturers may be held liable when a vehicle's design or a defective safety feature increases the severity of the injuries during an otherwise survivable collision.
On this week's podcast, Rebecca and Steve break down the fundamentals of crashworthiness claims and specific cases that arose from it. Tune in as we explore how the crashworthiness doctrine means that while accidents are not planned, planning for motor vehicle collisions requires manufacturers to design for safety.
This week, join us as we revisit our episode on Deceased Defendants as a refresher!
Original Air Date: January 7, 2021
It's an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before suit is instituted to recover damages. Though this can prove to be a frustrating situation, the claim lives on even if the tortfeasor does not.
On this week's installment, Rebecca and Steve discuss options that the plaintiff has in filing suit against a deceased tortfeasor. Steps and state requirements are discussed which allow one to bring suit against the estate, family member or another involved party to recover damages owed.
Each year, thousands of collisions result in injuries or deaths that could be mitigated by collision avoidance technologies. From basic forward collision warning systems to it's a Teslas with autonomous driving modes to self-driving robo-taxis, automated technologies are becoming more and more common across vehicle types. But how do these new and evolving technologies impact civil law suits? The answer is, unlike these vehicles, not so automatic.
On this week's episode, Rebecca and Steve discuss the ever-evolving driver assistance technologies and how they have changed the landscape of automobile negligence claims to encompass issues of defective design and failure-to-warn claims, in addition to simple driver negligence.
This week, join us as we revisit our episode on If Cars Could Talk as a refresher!
Original Air Date: December 10,2021.
Recorded statements, police reports, and even pictures are not always the best sources for learning the whole story about a collision. But what if the cars could talk? Thanks to Event Data Recorders, Advanced Driver Assistance Systems, and Infotainment Systems, they can. These technologies record a lot of data about what happened, and what didn't happen, at the time of an accident – but can they help your subrogation claim?
On this week's installment, Rebecca is joined by Eric McDowell, Project Engineer at Impact Analysis, Inc. who specializes in motor vehicle accident investigation and reconstruction. Rebecca and Eric dive deep into the importance of this collected data and explain how federal statutes have standardized the information recorded, the difference between data recorders in passenger and commercial vehicles, and just who owns the data, as well as the cost of obtaining it. Listen in to learn how these technologies can benefit your subrogation case.
Everyone should pay attention while driving, but cell phones, a crying baby in the back seat, checking for loose change, or trying to read a map, all work to shift a driver's focus away from the road. When distraction is the cause of an accident, how can you prove your subrogation claim against the distracted driver?
On this week's episode, follow Rebecca and Steve and they discuss different types of distractions that have been the main culprit of an accident and just what evidence can be used when proving your negligence case.
This week, join us as we revisit our episode on Common Fund Doctrine as a refresher!
Original Air Date: November 21,2021.
The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly. Those who will benefit from the common fund of the recovery must share in the cost of obtaining it. Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason.
On this week's installment, Rebecca is joined by fellow attorney, Jason Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien.
Everyone from your parents to your coworkers to local small businesses has some sort of presence on the internet, but can you use social media to locate tortfeasors in your lawsuits? Is social media an easy way to track down your defendants?
The answer depends on the jurisdiction, and whether or not the courts there think that the social media company is shielded by the Stored Communications Act. On this week's episode, Rebecca and Steve discuss obtaining information from social media companies, and how different jurisdictions apply the Stored Communications Act to social media companies and the information they possess, as well as steps to prepare subpoenas and the information that is required for a successful request
This week, join us as we revisit our episode on Post-Judgment Executions as a refresher!
Original Air Date: October 29,2021.
You've fought the hard fight and prevailed, securing a judgment. The hard part is in the past, right? Not necessarily. Obtaining recovery against an uninsured or underinsured tortfeasor can be an uphill battle.
In all areas of subrogation, thousands of dollars in unpaid judgments go untouched and sometimes expire. This does not have to be the case. Once you secure a money judgment, you have a right to obtain a recovery, via liens, garnishments, suspensions, and other means. In this week's installment, join Rebecca and Steve as they help navigate the options to securing your hard earned recovery from a less than cooperative Defendant.
Mediation is a powerful tool in the subrogation process, offering a strategic opportunity to resolve claims efficiently while minimizing litigation costs.
On this week's episode, Rebecca sits down with Matt Arriaga, Certified Mediator with Arriaga Mediation, PLLC, as he details his career path and how years in the courtroom led to a private mediation firm. Matt explains how a good mediation can benefit both parties over litigation, personally and financially, and why a good mediator, like a good therapist, can lead to a successful outcome.
This week, join us as we revisit our episode on Arbitration and Post Decision Inquiries as a refresher!
Original Air Date: October 15, 2021.
When a liability decision cannot be determined between insurance companies, carries often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effective and timely way to make a final and binding decision and recuperate a speedy recovery. But is the award always the end? Not necessarily.
On this week's installment, Rebecca sits down with arbitration attorney, Ana Zgela, to discuss what exactly occurs when there is an error made by the arbitrator or the panel. They discuss how an appeal can be submitted or when a complete refile is necessary, as well as when a post decision inquiry (PDI) is the right way to address errors found in the award.
When winter temperatures drop, frozen pipes can lead to costly water damage – and complex recovery efforts. So when the pipe bursts, who is responsible for the cold cleanup?
On this week's episode, join Rebecca and Steve as they explore the subrogation side of frozen pipe claims, including common causes, potential liable parties and key evidence insurers and recovery professionals should look for.
This week, join us as we revisit our episode on Power Utility Claims as a refresher!
Original Air Date: October 1, 2021.
Electric Utility distribution systems all work as part of a massive infrastructure transporting energy from Generator to End User. Whether installed overhead, underground, or a combination of both, these major structures could cause issue as much as they provide energy.
Fire, injury or even death could be the result of a damaged power line. But who is at fault? On this week's episode, join Rebecca and Steve as they shed some light on how these utility pole cases differ from state to state, and who should be held responsible in the event of a mishap.
A notice of subrogation is the primary and possibly the most critical action taken at the onset of a claim. This notice can serve to preserve the insurer's right of subrogation and prevent a tortfeasor from being able to extinguish a subrogation claim with a release of claims signed by the insured.
On this week's podcast, Rebecca and Steve discuss the importance of subrogation notices, what these notices should contain, and how they can protect an insurer's subrogation claim.
This week, join us as we revisit our episode on eNotary as a refresher!
Original Air Date: September 17, 2021
Much to everyone's dismay, the hassle and disruption of Covid-19 disrupted almost every aspect of people's lives worldwide, and the day-to-day handling of files within the subrogation industry was no exception. One task became infinitely harder: notarizing documents. As companies instituted travel bans and limited face-to-face contact to help limit the spread of COVID, our clients asked for help, wondering, "how can we notarize important documents, including releases and affidavits?"
On this week's installment, Rebecca and Steve discuss the user friendly and cost effective process developed by Rathbone Group that still allows clients to have their documents notarized online without the need of an in person meeting, and how it alleviates the pressure of extending deadlines and delaying settlements for clients nationwide.
When it comes to vulnerable trespassers, the law recognizes that some dangers are too tempting to ignore. The Attractive Nuisance Doctrine protects children who, because of their youth and lack of judgment, may be drawn to conditions they cannot understand are dangerous.
On this week's episode, join Rebecca and Steve as they discuss the establishment of this doctrine along with its limitations and how the courts have interpreted and applied this principle. Whether pools of water, machinery, or even construction sites, some dangers are just too tempting to ignore, and the Attractive Nuisance Doctrine reminds us that careful oversight matters.
This week, join us as we revisit our episode on Contributory Negligence as a refresher!
Original Air Date: September 3, 2021
Contributory negligence is a legal standard that bars a plaintiff from recovering damages if they contributed to their injury. As little as 5% negligence can bar an injured party from recovery in some states, while other states choose not to follow the statute as strictly. In contributory negligence jurisdictions, defendants are often quick to provide reasons they should not be held liable for the damages they cause, but recovery is possible.
On this week's episode, Rebecca speaks with attorney Adam Wilk, who handles subrogation cases in 3 of the five U.S. jurisdictions that apply a contributory negligence standard (Alabama, Maryland, North Carolina, Virginia, and DC). Adam explains how factors such as age, cognitive impairment or conduct of the plaintiff and/or defendant can allow an injured party to fight back against a contributory negligence defense to recover damages.
Not every hazard leads to liability – especially when the danger is right in front of you. The Open and Obvious doctrine is a defense that can be raised to protect a landowner from liability for a hazardous condition that was "open and obvious" to a reasonable person.
While almost all jurisdictions recognize some version of the open and obvious defense, there are nuances from state to state. Listen in to this week's episode as Rebecca and Steve discuss this defense, and the counterarguments to it, to make sure that you can successfully recover from a tortfeasor trying to avoid liability for your subrogation claim. Join us in understanding how some hazards are just too obvious to ignore.
This week, join us as we revisit our episode on Roofing Cases as a refresher!
Original Air Date: August 20, 2021.
Most of us are lucky enough to live and work with a roof over our head. But who's to blame when that roof is damaged or defective? Is it the installer's responsibility? Or does the accountability come straight from the source at the manufacturer? Is there someone else to consider? It may be all three.
From improper installation to storm damage and even intentional acts, roof damage and the resulting liability is complex. On this week's installment, Rebecca and Steve peel back the layers of roofing claims and navigate who is responsible when a roof is defective or contributes to property damage or physical harm.
When it comes to serving lawsuits, the process of providing service is extremely important. But what happens if the party you are serving is not an individual with a home address, but a corporation? Who do you serve, and where?
On this week's episode, join Rebecca and Steve as they discuss the process of service on corporations, deciphering which states require service to an authorized agent from those that simply allow service on the corporate office, and when a state agent can be a substitute for either one.
This week, join us as we revisit our episode on The Do's and Don'ts of Depositions.
Original Air Date: July 9, 2021.
Whether you are testifying in your personal capacity or on behalf of an insurance company, being deposed can be nerve-wracking. Proficient opposing counsel will work to find inconsistencies and prey on weak testimony to discredit a witness, and both sides will judge the witness to evaluate settlement positions. Lack of preparation can mean missing out on resolving the matter before trial, and can harm the case before the jury is even seated. But it doesn't have to be that way!
This week, Rebecca welcomes special guest, Mark Demian, for a how-to guide for deponents or witness who are being deposed regarding an insurance claim. Mark provides simple and effective guidelines to encourage successful and effective testimony.
Fuel contamination can lead to costly damage, but it can also lead to recovery opportunities. What is needed to successfully prove that a claim was caused by contaminated fuel, and that a service station or distributor is liable for damage to your insured's vehicle?
In this episode, Rebecca and Steve break down the ins and outs of contaminated fuel claims, from identifying responsible parties to navigating coverage and recovery challenges. Join us as we explore real-world cases, key legal considerations and strategies for maximizing recovery when poor-quality fuel leads to subrogation claims.
This week, join us as we revisit our episode on Daubert and What Makes a Good Expert!
Original Air Date: June 25, 2021.
Witnesses can testify based on what they saw and heard or they can be called to the stand with expert knowledge supported by scientific data or specialized training. But expert witnesses must satisfy the court with more than a good resume – they must also show that the methodology they used to draw their conclusions are sound.
On this week's installment, join Rebecca and Steve as they discuss the evolution of trial court standards for admitting expert testimony, from the Frye test, to the Daubert standard and beyond, and discuss what you should look for in a good expert witness.
Corporations are recognized as legal entities and separate from their shareholders, officers and directors. Does that mean that a corporate owner can never be held liable for the company’s wrongdoing? Of course not! “Piercing the corporate veil,” refers to the exception to this principle, where courts disregard this separateness and hold an owner responsible for the corporation’s actions as if it were their own.
On this week’s podcast, join Rebecca and Steve as they explore the circumstances in which you can ask the court to ignore the corporate entity, and reach the assets of the owners. The standards are very high, but if there is enough proof, and your facts are egregious, you may be able to get through a corporate fraud and recovery from the owners’ assets.
This week, join us as we revisit our episode on the Made Whole Doctrine for a refresher!
Original Air Date: May 28, 2021.
The Made Whole Doctrine protects an insured’s right to recovery before recovery is collected by its insurer. But what if the tortfeasor does not have enough insurance to cover the loss? Is the insured entitled to recovery for pain and suffering? And the ultimate question, when is the insured considered fully compensated for the loss?
Being “made whole” varies even in those states that do apply the Made Whole Doctrine. Listen as Steve and Rebecca lead you through several states’ application of the doctrine, from those that require a legal determination that the insured has been made whole before any subrogation recovery, to those that parse out the doctrine based on damage types, to those that reject it entirely.
Workers Compensation is a very state specific thing, and recently, we have heard a lot of excited talk about work comp subrogation in Nevada. That’s because the Nevada Supreme Court changed the long-standing common law rules establishing the system for calculating the amount an insurer could recover on a workers compensation claim in a decision handed down in 2024.
Listen in as Rebecca and Steve walk through the rules as they developed in the common law over 38 years, then suddenly changed in 2024, and the legislature’s response in 2025, to answer the question: where do Nevada work comp subrogation claims now?
This week, join us as we revisit our episode on the Anti-Subrogation Rule for a refresher!
Original Air Date: June 11, 2021.
The idea that an insurance company cannot subrogate against its own insureds seems like common sense, but is this a hard-and-fast rule? What happens when an insurance company tries to seek reimbursement for medical expenses paid to their insured when they also insure the tortfeasor who caused those injuries? What if that insured seeks her own recovery against the tortfeasor for the same medical expenses? What if an insured’s intentional act was the cause of serious injuries or death? Does their insurance company have a right to subrogate to recover those amounts from their insured?
In this installment in our series, follow Rebecca and Steve as they navigate the anti-subrogation rule and explain why insurance carriers cannot typically subrogate against their own insureds, and when such actions may be permitted.
Sometimes, the best evidence to support your subrogation case are records that were created by another company. Will a court permit these records to be introduced, or are they destined to be barred by the hearsay rule? Thankfully, the Business Records Doctrine allows a company to enter records previously created by an outside entity into evidence to prove their case.
On this week’s episode, Rebecca and Steve discuss what is required to properly introduce these records and how much they can influence a case. Whether invoices, emails or reports from others, find out how these records can become an influential part of a case, and how to determine if your records have the requisite indicia of trustworthiness.
This week, join us as we revisit our episode on Hearsay for a refresher!
Original Air Date: July 23, 2021.
Rumor has it…there are times when the evidence you are seeking to introduce in court does not come from a witness there in court, but by someone who heard something that someone else said. If you are seeking to introduce this evidence to prove the truth of what was heard, then what you have is hearsay. Contrary to what you may have heard, hearsay isn’t always inadmissible, and sometimes, hearsay isn’t even (technically) hearsay. As usual, it depends – on whether the speaker is available, when and why they were speaking, and what motivated that statement.
On this week’s installment, Rebecca and Steve navigate the hearsay rule, its exceptions, and the exceptions to those exceptions to provide insight on precisely when out of court statements can be deemed admissible and when a court should refuse to play telephone.
The MCS-90 endorsement is a federally mandated provision that essentially transforms an insurance policy into a tool to protect the public. While often misunderstood, this endorsement isn’t about shielding the policy holder, but rather ensuring victims are compensated, even when coverage technically doesn’t apply. If the endorsement requires an insurer to pay for damages that wouldn’t have been covered, however, they are not totally without options. Instead, they are placed in the unusual position of having a claim against their own insured.
On this week’s episode, Rebecca and Steve explore the interesting avenues for recovery when an MCS-90 endorsement results in payment outside of a policy, and how this endorsement allows for recovery from your insured.
This week, join us as we revisit our episode on MCS-90 for a refresher!
Original Air Date: July 30, 2019.
Big trucks require big coverage – at least according to the Motor Carrier Act of 1980. To make sure that coverage protects the public in accidents involving these big trucks, the Act requires that coverage to include an MCS-90 endorsement. What is the MCS-90 endorsement, and what does it mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle? Join Rebecca and Steve as they discuss the MCS-90 endorsement, and how knowing what it says can help you in your negotiations of trucking cases.
You can find more information on the Financial Responsibility Requirements for large or hazardous vehicles on the Federal Motor Carrier Safety Administration’s website, and the Form MCS-90 Endorsement here.
Subrogation damages, like most civil lawsuits, are a matter of proof. You need evidence to prove that you and your insured suffered the losses you are claiming. So what happens when those losses are not for damaged property or medical bills, but for lost profits? Can you ask the court to look into the future to pay for sales your insured would have made, but for the incident at issue?
On this week’s episode, Rebecca and Steve explore real scenarios to guide listeners through the legal standards that shape these complex claims and break down the core elements behind successful lost profit recovery cases. Whether the insured business is a long-term established entity, or a brand new storefront, you may be able to successfully recover lost profits, as long as you have receipts.
This week, join us as we revisit our episode on Third Party: Government Entities as a refresher!
Original Air Date: May14, 2021
Federal and State Governments are powerful entities. But are they so powerful that they can never be sued for damages?
In this installment in our series on third party liability, join Rebecca and Steve as they explain why sovereign immunity can be a liability for your case if your third party is a government entity. The special forums for these claims, the special rules, time limits, and notice requirements that apply, and whether the entity can be sued for subrogation at all depend on which state or political subdivision is at fault. So buckle up and take notes for your next cross country claim.
Most automobile subrogation cases are the result of negligence, but when the tortfeasor’s driving was reckless or intentional, we sometimes call it Road Rage. Though a road rage incident may seem like an easy case, it often proves to be quite complex, calling into question whether the opposing insurance carrier can deny coverage, potential assumption of risk, or even if an employer could be held responsible for an employee’s rageful driving.
In this week’s episode, Rebecca and Steve explore what really happens when road rage turns into a legal battle and break down real legal concepts with insight into how the law handles anger on the asphalt.
This week, join us as we revisit our episode on Third Party: Dram Shop & Social Host as a refresher!
Original Air Date: April 30, 2021
You’ve seen it before: drinks flowing at your local bar on busy Saturday night. A patron who’s had too much leaves behind the wheel. If this person goes on to cause an accident, can the bar owner or bartender be held responsible for serving too much? What if it’s a house party, instead of a bar? The answer is, they might be.
Sit back and drink up this intoxicating subject as Steve and Rebecca use multi-state case law as real examples for when someone other than the inebriated party can be held responsible for a victims’ injuries. From dram shop laws creating liability for bar owners, to social host laws that do the same for homeowners, use this episode as one more reason to take the keys from your own guests who have had too much.
Lawsuits can often take years to conclude, and as life goes on, sometimes it could come to the inevitable end for people involved in the case. But what happens if a deceased individual could bring value to a case? Can testimony about their communications be presented to the court from beyond the grave?
On this week’s installment, join Rebecca and Steve as they explore this quirky, and sometimes frustrating, rule about how a witnesses’ passing could derail a case and just how to navigate the challenge of death in a subrogation case.
This week, join us as we revisit our episode on Third Party: Employer Liability as a refresher!
Original Air Date: April 16, 2021
A tortfeasor goes on a donut run driving the company car and causes an accident with your insured. Can the insured - or her insurance company - also recover damages from the company? The answer is, “it depends.”
Rebecca and Steve return to explain the factors that turn an employee’s actions from a frolic into a detour, a single liable tortfeasor into a viable claim against the employer, via the doctrine of respondeat superior. What is within the course and scope of employment, when is an errand a frolic instead of a detour, and how can you prove this person was an employee in the first place? Listen to learn the tools you need to determine whether or not an employer has exposure when their employees cause damage both inside and outside the workplace.
When property owners fail to maintain their buildings or equipment, the damage can be costly, and even dangerous. Once you have identified that negligent maintenance was the cause of your insured’s claim, you often run into the added hurdle of maintenance agreements that seem to shift the responsibility between various potential tortfeasors. What does this mean for your subrogation rights?
On this week’s podcast, join Rebecca and Steve as they discuss the nuances of negligent maintenance and how it applies in property claims. From structure fires to faulty HVAC systems, discover the elements necessary to prove these claims and recover damages and whether subrogation rights can be waived if damages were caused by gross negligence.
This week, join us as we revisit our episode on Negligent Maintenance in Auto Claims as a refresher, then join us for our next new episode, Negligent Maintenance in Property Claims!
Original Air Date: March 24,2023
That little “Maintenance Required” light on the dashboard - it’s something everyone dreads. Even worse, what if maintenance was completed as required, but not completed properly? Maintenance reminders and having them completed at a reputable shop can make or break your position in an accident.
On this week’s podcast, Rebecca and Steve discuss what happens when an accident occurs as a result of negligent maintenance. Owners are required to properly maintain their vehicles, but how can you prove that an owner was negligent in failing to perform routine maintenance? What happens if it’s the mechanic’s fault for shoddily performing that work? Whether passenger vehicles or heavy trucks, listen in to discover how to identify responsible parties and recover on claims for negligent maintenance.
Gifts may be nice in your personal life, but in the world of subrogation a voluntary payment can turn an insurer into an “officious intermeddler,” without a right to recovery. What makes a payment voluntary, and who is responsible for proving it?
On this week’s episode, join Rebecca and Steve as they discuss contract language, what the parties knew and when they knew it, and when issues of public policy come into play to make sure that your good claim handling does not turn into an unrecoverable gift.
This week, join us as we revisit our episode on evaluating your claims throughout the investigation process as a refresher!
Original Air Date: April 2,2021
As that great American philosopher, Kenny Rogers, once sang,
"You got to know when to hold 'em, know when to fold 'em"
But how do you know when to walk away? Join Rebecca and Steve as they walk through the process of evaluating a claim that looked great on intake, to tease out whether or not it was a good bet as a subrogation case for the client. From determining the filing jurisdiction, to identifying claims and challenges, learn the steps to take to evaluate the cards you were dealt.
In our previous episode, we refreshed our 2021 episode on service by social media. As predicted in that episode, adoption of these types of service has spread. Over the years, American’s engagement in online activities have grown and they will continue to grow for years to come. So, if we are trying to make defendants aware of a pending lawsuit, what better place to look for them than the internet?
On this week’s episode, join Rebecca and Steve as they explain the innovations made to the online service process and discuss how, under the right circumstances, requests to use a defendant’s social media account as an alternative means of effectuating service of process will be granted by U.S. courts
Service of process just joined the digital age, in two jurisdictions, anyway. Alaska, in 2019, and now Texas, in 2021, officially allow litigants to serve summons' via social mail, e-mail, and other electronic means. Just like everything else on the internet, though, these new service rules are not as simple as they seem. Listen as Rebecca and Steve discuss the requirements for social media or electronic service, pitfalls to avoid, and how you can use these tools to serve your subrogation defendants online.
Want to see more? Check out our YouTube video on Service by Social Media. For more on Service of Process, you can listen to our podcast episodes on serving In-State Defendants, Out-of-State Defendants, and International Defendants.
How does Texas balance efficiency with fairness in its courts? For one thing, it has implemented an expedited system for court cases, including subrogation cases, seeking monetary relief of less than $250k. Another interesting method is its 2-week trial docket, employed by the larger Texas counties. These rules do mean that cases don’t languish as they can in other jurisdictions, but they also create their own challenges for practicing in the Lonestar State.
On this week’s episode, Rebecca and Steve are joined by fellow partner, Jessica Lobes, as they discuss attorney strategies and tips for navigating these fast paced proceedings. Join us as we discuss best practices to set your Texas subrogation case up for success.
This week, join us as we revisit our episode on Service Contract Limit Liability as a refresher!
Original Air Date: February 25, 2020.
What happens when an alarm system doesn't work like it should? Damages can be high, but are those damages recoverable? Alarm companies frequently rely on liquidated damages provisions, limitations on liability, anti-subrogation clauses, and other exculpatory clauses to avoid liability. Do the courts agree? Join Steve and Rebecca as they discuss whether these claims are recoverable, and what you need to know to figure that out.
The future is here! And that future is driverless cars, with the world’s first autonomous ride-hailing service now available to the public. Though these fully electric, app based, self-driving vehicles seem convenient and cost-effective, what happens when an autonomous vehicle causes damage or injury to persons or property? Who is to blame? Is it the owner? The manufacturer? The occupant?
On this week’s episode, Jason Sullivan joins Rebecca to discuss their first-hand experience riding in an autonomous taxi. Learn the features and abilities of these self-service vehicles and buckle up as we navigate the future of subrogation claims in the era of driverless cars.
This week, join us as we revisit our episode on animals in the road.
Original Air Date: March 24, 2020.
You've seen it before - you're insured was minding her own business, driving down the highway, when suddenly, there's a cow in the road! Or a horse! Or a ... goose? She swerves and... you have a damages claim to subrogate. Is the owner of an animal running at large liable for the damages that animal caused? It depends. In this episode, Steve and Rebecca discuss the cases of animals in the road and animals running at large, and how the laws regarding liability for the damages caused by these animals differs from state to state, and even from town to town. Learn about open range states, fence in states, and what kind of proof you need to recover when your insured is damaged by animals on the loose. For more on open range laws, check out our YouTube video, Livestock Liability in Open and Closed Range States. For more information about animal claims, check out our episode, When Animals Attack! - Dog Bites.
TNT – it’s not just for cartoon coyotes, but what happens when explosives are used in the real world… and cause damage to your insured? Blasting with explosives is common in mining operations, construction and roadwork, but blasting, not surprisingly, can cause damage. Whether by noise, pollution, vibration, or flying debris, when these blasting activities cause damage, does the public just have to sit back and endure it?
On this week’s episode, join Rebecca and Steve as they dig deep into case law on when and how to bring actions to recover for damages caused by public nuisance.
This week, join us as we revisit our episode on third-party liability defenses.
Original Air Date: March 19, 2021
What happens when someone else causes an accident while driving your car? Are you liable for the damages caused by this irresponsible driver? Today, Steve and Rebecca pick up with our second installment in our series on third-party liability: defenses raised by third-party owners. In addition to the usual negligence defenses, owners raise additional arguments to challenge their own liability. Using multi-state case law as real-life examples, Steve and Rebecca travel from Oregon to Washington, DC to explain how to address these defenses, from shifting the burden of proof, to proving ownership, to key-in-ignition statutes that attach liability to the owner even if the vehicle was stolen.
If you missed our first episode on third-party liability, check out our previous episode. Do you have claims involving car and truck rental companies? Don't miss our podcast on the Graves Amendment, or head to our YouTube channel for a Graves Amendment video.
In subrogation, we typically deal with torts. Generally, these are based on negligence, which means that the central question is one of causation: we must prove that the Defendant’s actions or failure to act were both the actual and proximate cause of the Plaintiff’s damages. But what if there are not one, but two negligent defendants? That may sound like a great problem to have, but when you can’t prove which defendant’s breach caused the plaintiff’s harm, meeting the causation requirement can get tricky.
On this week’s episode, join Rebecca and Steve as they sort out two very useful rules: the unascertainable cause and the merged causes tests, which you can use to get to judgment when you have too many tortfeasors acting too negligently. If they all did it, can they get away … with negligence?
This week, join us as we revisit our episode on 3rd Party: Owner & Vicarious Liability
Original Air Date: March 5, 2021
How do you recover damages if your tort driver is uninsured, underinsured, or otherwise uncollectable? What is the risk to lending your car to your drunk friend? (spoiler: don't do this). In this, our first in a multi-part series on third-party liability, Steve and Rebecca discuss when and how the owner of a vehicle will be vicariously liable for damages cased by a different driver, by statute, common law, or by negligent entrustment. As a bonus, learn some great arguments for why you can't loan your car to your cousin, the terrible driver.
Be sure to favorite or subscribe to the On Subrogation podcast so that you can catch the next episodes on other types of third-party liability!
Time, time, time. It’s not always on our side. We are, generally, aware of Statutes of Limitations, which allow only a certain amount of time after a cause of action has accrued to file a lawsuit. So, what if your damages are caused by a latent defect that is only discovered years after the tortfeasor completed work on, say, a house? Since your statute of limitations does not begin to run until the damage is discovered, you’re in the clear right? Not so fast. You may be barred by the running of another time limit: the Statute of Repose. That’s right. This time limit is based on when work was completed, or when a product was sold, not when the loss occurred.
On this week’s episode, join Rebecca and Steve as they dive deep into this crucial, yet often misunderstood, aspect of legal limitations. When does a statute of repose bar recovery on a subrogation claim? How is it fair that the time limit to file the claim could run before the insured could even have known the claim exists? It turns out, the limit does exist, and the clock may have already started ticking.
This week, join us as we revisit our episode on Statute of Limitations as a refresher!
Original Air Date: March 26, 2019
When is it too late to file a lawsuit for your damages? There’s a stat for that! The details, however, depend on a number of factors. Join Rebecca and Steve as they discuss statutes of limitations and how the jurisdiction, type of claim, specific circumstances of the loss, and even whether or not arbitration applies can affect the timing in which you must bring your claim. Make sure you aren’t late for this very important date!
It’s our 100th episode! What better way to commemorate this milestone than to look back at the dumbest ways we have seen people start fires?
On this week’s episode, Rebecca and Steve reminisce on some of the most senseless cases that have come across our desks where pure, avoidable, negligence caused significant damage. From cigarettes to chicken wings to trampolines, there is seemingly no end to the interesting ways tortfeasors have caused subrogation claims from fires.
This week, join us as we revisit our episode on When Animals Attack as a refresher!
Original Air Date: March 10, 2020
People love their pets, but sometimes, pets don't love other people. What happens when your insured is attacked by an animal? Is the owner liable? What do you need to prove, and what defenses might you face? Is there really such a thing as a "one-bite" rule? Join Rebecca and Steve as they survey several states to discuss some dogs that were not good boys. You can find a list of states and their dog owner liability statutes, or lack thereof, here. Rathbone Group, LLC does not own, contribute to, nor maintain the alllaw.com site. You should consult an attorney for legal advice and statutory interpretation. Feel free to contact us for more information on this or any other topic at podcast@rathbonegroup.com.
Every construction project involves not just investment of money, but also time. If the end result is not what the customer wished for, there is always a possibility of a lawsuit immediately being brought against the construction company, which could in turn, negatively affect future business.
So how can these contractors protect their business from one customer’s complaint potentially ruining the future of their business? On this week’s episode, join Rebecca and Steve as they discuss the “right to cure,” and how companies are given temporary protection from litigation until they have had the opportunity to attempt and remedy the defective work and make right by their paying customer.
This week, join us as we revisit our episode on When You Don’t Control Your Proof as a refresher!
Original Air Date: February 11, 2020
Plaintiffs have to be able to prove their cases. It's true for individual litigants and subrogated carriers, but sometimes, you don't actually own your proof, you don't control it, and that can wreak havoc on your file. On this episode, Rebecca forces Steve to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.
The latest connected item in the internet of things is license plates. While only available for purchase in four states, they are legal to drive with in all 50 states and allow drivers to customize their plate along with ease the registration process.
Digitizing all aspects of life typically seems enticing, but do these digital license plates call personal privacy into question? From the pros of more easily recovering stolen vehicles, to concerns about tracking movements, join Rebecca and Steve on this week’s episode as they navigate this new technology.
This week, join us as we revisit our episode on The Collateral Source Rule as a refresher!
Original Air Date: January 28, 2020
It’s a noun! It’s an adjective! It’s a rule of damages! It’s a rule of evidence! The Collateral Source Rule is all of these things and more. Join Rebecca and Steve as they discuss the two different but related facets of the Collateral Source Rule, and why it is so common in subrogation cases, where subrogated carriers often are the collateral source at issue.
Arguments about who had the “last clear chance” get thrown around a lot in the auto subrogation world, but Last Clear Chance is a legal term of art that limits the harshness of contributory negligence rules. Whether your jurisdiction refers to it as the Doctrine of Discovered Peril, the Doctrine of Supervening Negligence, or even the Humanitarian Doctrine, the effect is the same: a Defendant cannot shield himself with contributory negligence if he had the opportunity to avoid the harm to the plaintiff.
On this week’s episode, Rebecca and Steve take some time to explain the elements required to successfully invoke the Last Clear Chance Doctrine. Join us to discover how and where this doctrine will allow you to recover on your claim in a contributory negligence state, and when this argument doesn’t stand a chance.
This week, join us as we revisit our episode on vacating judgments as a refresher!
Original Air Date: January 14, 2020
You’ve worked your file, filed suit, obtained service, filed your motions, and obtained a judgment. Now, the defendant wants to get out of that judgment. Can he do that? The answer is: sometimes. Listen in as Rebecca and Steve discuss what happens when a defendant files a Motion for Relief from Judgment, when such a motion will succeed in overcoming your judgment, and what happens next.
For more on the litigation process in subrogation cases, listen to our episodes on In-State, Out-of-State, and International Service of Process, Motions for Default Judgment, and Motions for Summary Judgment.
It’s a fear or every car owner: your vehicle has been stolen. Now, to make matters worse, it was involved in an accident. As the owner of this vehicle, can you be held responsible for the damages it caused? If you are in a state with a key-in-ignition or similar statute, the answer may be yes.
On this week’s episode, Rebecca and Steve discuss how the Key-in -Ignition statutes vary from state to state, and how even owners in states without such a statute can be liable for damages caused when a thief steals their car.
This week, join us as we revisit our episode on Underinsured Tortfeasors as a refresher!
Original Air Date: December 31 ,2019
What happens when the tortfeasor who caused your damages has some insurance coverage, but not enough? Just because the tortfeasor doesn’t have enough insurance, doesn’t mean the tortfeasor isn’t liable for the full amount of the damages he caused. Whether it is state minimum coverage, multiple injured parties, or just a loss that results in a large amount of damages, dealing with this blend of insured and uninsured in the same tortfeasor requires special handling. Join Rebecca and Steve as they discuss how these circumstances differ from state to state, and what to watch out for if you want to preserve your claim for excess.
The so-called “Kia Challenge,” popularized by the “KiaBoyz” on TikTok shot to fame on the media platform and led to hundreds of car thefts nationwide, including several reported crashes and fatalities. The viral videos challenged users to steal the vehicles using a USB charging cable. But why were they focused on these particular cars? Was there something that made these vehicles easier to steal?
On this week’s podcast, Rebecca and Steve discuss the viral videos and the design aspects that caused much disarray in the automotive field. They discuss the class action lawsuit that called out this problem, the fixes required by the settlement, and what you should consider if one of these thefts comes across your desk.
This week, join us as we revisit our episode on Motions for Summary Judgment as a refresher!
Original Air Date: November 5,2019.
Can you really have a trial without a trial? With a Motion for Summary Judgment, you can. But are these motions really the dead-end that law students are often taught they are? Summary Judgment is a real mechanism that is available under the right circumstances. Listen to Rebecca and Steve discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.
Products liability cases typically live in civil court, but that all changed in 2023 when the Department of Justice brought its first ever criminal enforcement action under the Consumer Product Safety Act against Gree USA and its CEO and Chief Administrative Officer. The company’s guilty plea was years in the making after Gree USA willfully and repeatedly failed to report serious safety concerns to the Consumer Product Safety Commission (CPSC), leading to the Commission’s first ever corporate criminal enforcement action.
On this week’s episode, Rebecca and Steve will guide you through the tumultuous, decade long saga that shows how corporate avoidance of a major product defect can result not just in subrogation and personal injury actions, but in multi-million dollar fines and reparations.
This week, join us as we revisit our episode on Motions for Default Judgment as a refresher!
Original Air Date: October 22,2019
Motions for Default Judgment seem simple enough – if the Defendant doesn’t answer, you get a judgment. But as with so many things, the devil is in the details. Listen as Steve and Rebecca get into these details, from what proof can be required to the time limits involved, to when and why a hearing may be needed.
The post Motions for Default Judgment appeared first on Rathbone Group, LLC.
With the ever-evolving world of technology, devices of all kinds are becoming cheaper and easier to access than ever. To the auto industry, dashcams have become easily accessible and more attainable than ever. But does the video always tell the whole story? And can you even obtain the video for your case?
On this week’s episode, Rebecca is joined by special guest, Daran P. Kiefer, Partner at Kreiner & Peters Co. L.P.A to discuss what a difference the dashcam footage can make in investigating losses, and just how strong a hold the information can have on an investigation.
This week, join us as we revisit our episode on Service of Process: International Defendants as a refresher!
Original Air Date: September 24, 2019
In this, the third exciting installment of our suite on Service of Process, Steve and Rebecca discuss the proper processes for effectuating service on Defendants located outside of the country where suit is being filed. Listen in as the explain how the Hague Convention streamlines the process, what options you have besides the methods specified in that document, and what to do if the country where the Defendant resides is not a signatory to it.
For an up-to-date list of signatory states to the Hague Convention, including which methods of service they accept, visit the World Organisation for Cross-border Co-operation in Civil and Commercial Matters (HCCH).
You can find the State Department’s recommendations on international service, including contact information for foreign plaintiffs serving process on US entities, at their website, here.
Check our episodes on In-State and Out-of-State Service for more information on this important part of the litigation process.
The post Service of Process: International Defendants (Hague Convention) appeared first on Rathbone Group, LLC.
Snow. It can be such a beautiful and peaceful thing. That is, however, until you’re traveling on a highway and a sheet of ice and snow flies off of a passing vehicle and into your car. If these ice missiles caused any damage, who is responsible?
On this week’s episode, Rebecca and Steve give us the cold, hard facts about snow flying off of vehicles and what happens if this causes property damage. Is there a duty to clean snow and ice off of your roof before beginning your trip? Do truck drivers have an increased responsibility? Tune in for the icy truth!
This week, join us as we revisit our episode on Service of Process: Out-of-State a refresher!
Original Air Date: September 10, 2019
In this, our second installment on service of process, Rebecca and Steve discuss the difference between subject matter and personal jurisdiction, and how a court can have personal jurisdiction over a defendant that lives out of state. In the second half of the episode, learn how some of the special rules that apply to certain subrogation matters can actually make service of process on out of state defendants easier than serving defendants in the same state as the lawsuit.
Check our episodes on In-State and International Service for more information on this important part of the litigation process
When purchasing a product, you expect it to work, especially when you are purchasing from a retailer as massive as Amazon. If a product you purchased online causes injuries, you have the right to hold the parties involved in the chain of distribution liable. This includes Amazon even if it was only “fulfilled by Amazon.”
In this episode, Rebecca Wright and Steve Alsip discuss the continued evolution of the liability of online retailers. We also encourage you to listen to our 2019 episode, Liability and the Online Marketplace, which was refreshed as our previous episode, in which Steve and Rebecca discuss the history of these arguments. We encourage you to listen to that first episode to familiarize yourself with the arguments and how these decisions are changing over time. We have no doubt that they will continue to change.
This week, join us as we revisit our episode on Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company as a refresher!
Original Air Date: October 8, 2019
Can an online marketplace be liable for damages caused by a third-party vendor’s product? The answer is, maybe. Join Rebecca and Steve as they discuss the recent court decisions that are calling into question Amazon’s immunity from liability for damages caused by products they sell on their site, and what these cases mean for the future of products liability cases in the world of online retailers.
You can read the courts’ opinions here:
Fox v. Amazon.com Inc., 2019 WL 2896326 (6th Cir. No. 18-5661, 2019)
Oberdorf v. Amazon.com Inc., 2019 WL 2849153 (3rd Cir. No. 18-1041, 2019) (Note that on August 23, 2019, the Third Circuit Court of Appeals granted a petition for rehearing. The Court vacated this July 3, 2019 Opinion, and will rehear the matter at a later date. We will release an update once the Third Circuit enters a new opinion.)
This is the second installment in our suite on Known Defects and Mass Torts. Last month, we discussed the Ford Pinto cases from the 1970’s. Today, we are back in present day with another allegation of automobile defects: are auto manufacturers’ laudable efforts to go green causing damages to those cars? Specifically, are the newer soy-based wire coatings and other plant-based coatings particularly enticing to rodents?
Join Steve and Rebecca as they discuss the cases that are currently being litigated around these issues, and how the Magnuson Moss Warranty Act can provide additional avenues for plaintiffs to recover in cases like these.
This week, join us as we revisit our episode on Servicemembers Civil Relief Act a refresher!
Original Air Date: June 18, 2019
The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers and Sailors Civil Relief Act, are a set of laws that allow military personnel and servicemembers to focus on defending our nation, instead of worrying about financial issues and legal actions. The SCRA’s important protections come into play in any legal proceeding involving active duty military personnel, and include additional requirements to assist in protecting them. Join Steve and Rebecca as they discuss this important legislation, and what you need to know to comply with it in your subrogation actions.
If you are an attorney and would like to donate your legal services to assist servicemembers, veterans, or their families, you can find information on the ABA Military Pro Bono Project, Operation Standby, ABA Home Front, and the Veterans’ Claims Assistance Network here.
If you are a servicemember with questions about the Act, please refer to the excellent SCRA Questions and Answers for Servicemembers page on the Department of Justice’s website.
From the Department of Justice, if you have additional questions or feel that your rights under the SCRA have been violated, contact the Armed Forces Legal Assistance Program office near you.
If you are in an emergency situation (such as an imminent foreclosure, eviction or repossession), you can contact Civil Rights Division’s Housing and Civil Enforcement Section: (202) 514-4713
TTY – 202-305-1882
U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue N.W. Housing and Civil Enforcement Section, NWB Washington, D.C. 20530 Email: fairhousing@usdoj.gov
Thank you for your service
When purchasing a new car, customers trust that manufacturers prioritize safety. Unfortunately for many, other priorities created a recipe for disaster when Ford developed the Ford Pinto. Not only was this car unable to withstand a crash exceeding a mere 5 mph, but as plaintiffs successfully argued, Ford blatantly ignored safety concerns with simple fixes in order to rush the Pinto to market.
On this week’s episode, join Rebecca and Steve as they delve into one of the most notorious products liability issues in American manufacturing, uncovering the safety disaster that was the Ford Pinto and how such a massive distributor prioritized profits over public safety.
This week, join us as we revisit our episode on In-State Service of Process for a refresher!
Original Air Date: August 27, 2019
What if you had a lawsuit and nobody showed up? Each State has rules governing the service of process in civil suits filed in their courts. Join Steve and Rebecca as they discuss how these rules differ depending on who you are serving, and why this process is so important. Make sure to subscribe to this podcast so that you can be notified of our future episode on Service of Process on Out-of-State defendants, too.
Large language models like GPT4 and the super-realistic chat bots that use them have been in the news lately, both for their benefits in making our interaction with websites easier, and in the ethical traps that have ensnared those who use them, including at least one lawyer. Without a doubt, many industries, including the legal and insurance industries, are turning to these tools to improve the way their businesses run. But are these new AI tools reliable? From issues of confidentiality, to upholding the duty of candor to the tribunal, to the very real bias and factual-sounding “hallucinations” of ChatGPT and its ilk, it is important to proceed with caution.
On this week’s episode, Rebecca and Steve ask ChatGPT to discuss the ethical use of these tools in the legal industry, and respond with real-world warnings and cautionary tales to help you understand what these AI tools can and cannot do.
This week, join us as we revisit our episode on MCS-90 for a refresher!
Original Air Date: July 30, 2019.
Big trucks require big coverage – at least according to the Motor Carrier Act of 1980. To make sure that coverage protects the public in accidents involving these big trucks, the Act requires that coverage to include an MCS-90 endorsement. What is the MCS-90 endorsement, and what does it mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle? Join Rebecca and Steve as they discuss the MCS-90 endorsement, and how knowing what it says can help you in your negotiations of trucking cases.
You can find more information on the Financial Responsibility Requirements for large or hazardous vehicles on the Federal Motor Carrier Safety Administration’s website, and the Form MCS-90 Endorsement here.
The owner of a car wash has a duty to provide reasonable care and make their property safe for customers and their vehicles. This means providing detailed instructions for patrons, properly training employees to answer any potential questions, following safety guidelines and regularly repairing and updating car wash equipment. But what happens when a vehicle is damaged during the washing process?
How can a customer prove a car wash owner’s negligence? At what point is the owner of the vehicle responsible for their damage? On this week’s episode, Steve and Rebecca air out any questions that may arise when negligence is questionable and a car comes out of the wash with more than just an extra wax coat.
This week, join us as we revisit our episode on Carmack Amendment for a refresher!
Original Air Date: July 16, 2019.
What rights does a customer have when a shipping company fails to deliver a shipment timely, the shipment arrives damaged, or it does not arrive at all? What are the limitations on claims such as these? Join Rebecca and Steve as they discuss the Carmack Amendment, and how it attempts to address the issue of interstate shipping damages consistently across the country.
Everyone has heard of a hit and run accident, but what about a miss and run? Occasionally, a defendant will present a case that an accident was not caused by him, but rather by a mystery vehicle that never actually made contact with the involved vehicles, but rather caused the defendant to hit another vehicle and then flee the scene. With no information available regarding this vehicle other than the defendant’s word, is a phantom vehicle spooky enough to scare away your recovery?
On this week’s episode, Rebecca and Steve discuss the question of proof and whether an alleged vanished vehicle could hold the majority of liability in a loss. Does a phantom vehicle equal a sudden emergency? Does it absolve the Defendant of liability? Don’t bypass this episode and miss (and run) out.
This week, join us as we revisit our episode on Sudden Emergency for a refresher!
Original Air Date: May 21, 2019.
Is Sudden Emergency a “get out of liability free” card? It can be, but it depends on the circumstances and on who is making the decision. Join Rebecca and Steve as they discuss what constitutes a sudden emergency, what happens when a defendant claims one, and why so many states have rejected the defense entirely.
You can find more information about why UPS trucks avoid left-hand turns by clicking here.
Is there a heightened standard of care for drivers holding a CDL? The answer, as it so often is, depends on the state.
Join us this week as Rebecca and Steve navigate the standard of care that is expected of commercial truck drivers and whether or not these drivers are expected to have superior knowledge, special knowledge, professional skill, or whether we just expect them to act as reasonable persons. Are CDL manuals or Federal Motor Carrier Safety Administration guidelines admissible evidence of the standard of care? Listen in to find out.
This week, join us as we revisit our episode on the Statute of Frauds for a refresher!
Original Air Date: July 2, 2019.
The Statute of Frauds may sound like a relic of the English Common Law of centuries past, but it is very much alive in the Uniform Commercial Code and state statutes around the country. Understanding the Statute of Frauds and its requirements to put certain agreements in writing can mean the difference between an enforceable payment plan, and an unenforceable promise. Join Rebecca and Steve as they discuss the Statute of Frauds, and the different ways that it has been interpreted from state to state.
The post Statute of Frauds: Why You Should Get Your Payment Plans in Writing appeared first on Rathbone Group, LLC.
This week, join us as we revisit our episode on Spoliation for a refresher!
Original Air Date: June 4, 2019.
Spoliation is, at its core, evidence tampering. No, we’re not dealing with shady backroom threats on a witness’ life, but the results of the destruction of evidence can be nonetheless devastating to a party’s case, even when it happens by accident. Join Steveand Rebeccaas they discuss spoliation, why you shouldn’t commit it, how to avoid negligent spoliation, and the myriad and sometimes harsh penalties handed down by courts when spoliation does occur.
Metadata, is not the contents of an electronic file, but information about that file. It’s data about data, and nearly every electronic document, photo, recording, or file has it. This information can be created automatically by a computer or user or be inferred through a relationship with another document, and the owner may not even know it’s there.
Can metadata be disclosing more information to the opposing party than you intend? The short answer is yes, and that is why it is so important to understand metadata. On this week’s podcast, Rebecca and Steve discuss lawsuits and ethics opinions from around the country regarding the disclosure of client and file information that was hidden in metadata. Is it ethical for an opposing party to utilize metadata? Does this encrypted information violate confidentiality? The information is virtual, but the risk is real.
This week, join us as we revisit our episode on Bailment for a refresher!
Original Air Date: April 9, 2019.
Have you ever lent property to a friend? Ever park your car in a parking garage? Ever asked someone to hold onto something for you as a favor?
What if something goes wrong? Who is liable if your property ends up damaged, or stolen? Join Steve and Rebecca as they discuss the shifting burdens and other ways...
That little “Maintenance Required” light on the dashboard - it’s something everyone dreads. Even worse, what if maintenance was completed as required, but not completed properly? Maintenance reminders and having them completed at a reputable shop can make or break your position in an accident.
On this week’s podcast, Rebecca and Steve discuss what happens when an accident occurs as a result of negligent maintenance. Owners are required to properly maintain their vehicles, but how can you prove that an owner was negligent in failing to perform routine maintenance? What happens if it’s the mechanic’s fault for shoddily performing that work? Whether passenger vehicles or heavy trucks, listen in to discover how to identify responsible parties and recover on claims for negligent maintenance.
This week, join us as we revisit our episode on Statutes of Limitations for a refresher!
Original Air Date: March 26, 2019.
When is it too late to file a lawsuit for your damages? There’s a stat for that! The details, however, depend on a number of factors. Join Rebecca and Steve as they discuss statutes of limitations and how the jurisdiction, type of claim, specific circumstances of the loss, and even whether or not arbitration applies can affect the timing in which you must bring your claim. Make sure you aren’t late for this very important date!
In our last episode, we discussed the terrifying cases involving objects thrown from trucks into vehicles. Now, what happens if the debris that strikes and damages the insured vehicle was already on the roadway?
On this week’s episode, Rebecca and Steve discuss the consequences of striking debris in the roadway and causing damage to an innocent party. From trucks kicking up rocks to road construction sites, learn about the potentially liable parties and what is needed to prove the claim. Is res ipsa loquitor enough?
This week, join us as we revisit our episode on No Fault/PIP for a refresher!
Original Air Date: March 12, 2019.
What does it mean to be in a No Fault state? Does it really mean no one is at fault? Join Rebecca and Steve as they dive into this often misunderstood area, where no fault doesn’t mean without fault, damages may not be damages, and being a “PIP squeak” is problematic.
Ever drive behind a truck hauling huge logs and worry that they are not well-secured? , Failure to Secure Claims might trigger some of those deep-rooted fears. These loads do come loose, and they do cause damage. So what really happens when gravel or even larger cargo comes flying off of a truck? Is it true that objects thrown from these trucks are not their responsibility? On this week’s episode, Rebecca and Steve delve into federal regulations for securing cargo as well as the violations a company can incur while driving through different states, because Subrogation recovery can be the final destination for these claims.
This week, join us as we revisit our episode on Economic Loss Doctrine for a refresher!
Original Air Date: January 29, 2019.
What is the value of a faulty product? If a faulty product causes damages to itself, can those damages be recovered? Yes… maybe. Join Rebecca and Steve as the guide you through the history and current trends regarding the Economic Loss Doctrine to find out!
Adverse carriers are on the other side of your claim, but they do not need to be a fight.
On this week’s episode, Rebecca is joined by Rathbone Group Partner, Jessica Lobes, to discuss her tactics and strategies when negotiating with adverse carriers. Jessica opens a line of communication that often allows a claim to be settled pre-suit, which is beneficial to all parties involved. Jessica sees negotiations with an adverse carrier as an opportunity to build a line of respectable communication towards settlement rather than a standpoint of opposition. Jessica’s tactics allow for a positive experience and successful negotiations.
This week, join us as we revisit our episode on Criminal Acts in Subrogation Files for a refresher!
Original Air Date: January 15, 2019
A lot of subrogation files deal with negligence, but what about those files where the tortfeasor did something on purpose? And what if she got caught? In this episode, Rebecca and Steve discuss the issues that arise when your subrogation file deals with a criminal act. Do you need a guardian ad litem? Can the tortfeasor plead the 5th in your civil case? From serving incarcerated tortfeasors and insureds to recovering on restitution orders, you’ll know what to expect when you have a criminal act in your file.
Settlement negotiations are often informal affairs – phone calls, conversations on the courthouse steps, even text messages can kick off negotiations that amicably end litigation. But what happens if one party makes an offer they feel is more reasonable and the other party stubbornly refuses to accept it? In some states, and in federal court, there is a mechanism for that.
Whether your claim’s jurisdiction calls them Offers of Judgment, Offers of Settlement, and Qualified Offers, listen in as Rebecca and Steve discuss what is required for them and when these statutes turn formal settlement offers into an offer you can’t refuse.
This week, join us as we revisit our episode on Releases for a refresher!
Original Airdate: December 18, 2018
You fought long and hard to reach a favorable settlement but now you are done. Just sign this release and… wait a second, what does it say? Why is it so long? What exactly are you agreeing to, anyhow? Join Rebecca and Steve as they walk you through the often long and winding road of settlement releases, and find out what language they have trouble letting go of in these important documents.
For more on Releases, watch our YouTube video on Subrogation Releases here.
A warranty is a statement by a seller, regarding the quality or character of goods sold. Whether express or implied, these representations can be enforceable to recover on your subrogation claim when something goes wrong, but unlike a standard subrogation tort claim, the warranty claim is a matter of contract. What happens when a warranty is breached?
On this week’s installment, Rebecca and Steve dive deep into the promise of a product or service and what steps can be taken when that promise is broken. From express warranties to warranties of fitness and merchantability, disclaimers, and damage limitations, find out what factors can provide additional avenues for recovery.
A warranty is a statement by a seller, regarding the quality or character of goods sold. Whether express or implied, these representations can be enforceable to recover on your subrogation claim when something goes wrong, but unlike a standard subrogation tort claim, the warranty claim is a matter of contract. What happens when a warranty is breached?
On this week’s installment, Rebecca and Steve dive deep into the promise of a product or service and what steps can be taken when that promise is broken. From express warranties to warranties of fitness and merchantability, disclaimers, and damage limitations, find out what factors can provide additional avenues for recovery.
This week, join us as we revisit our episode on Protecting the Claim File for a refresher!
Original Airdate: December 4, 2018
Do you have to turn over your client’s entire claim file in the discovery process? NO! Or at least, usually not. Join Rebecca and Steve as they discuss what can and cannot be protected via privilege, what probably has to go, and what you may want to disclose from the claim file to reach the best result in your subrogation case.
This week, join us as we revisit our episode on Protecting the Claim File for a refresher!
Original Airdate: December 4, 2018
Do you have to turn over your client’s entire claim file in the discovery process? NO! Or at least, usually not. Join Rebecca and Steve as they discuss what can and cannot be protected via privilege, what probably has to go, and what you may want to disclose from the claim file to reach the best result in your subrogation case.
When a you receive a random, unexpected payment for half of your subrogation claim, you might think, "hooray! Now I only have to recover the remaining half. That was easy!" But beware - if that payment has limiting language like, "payment in full" or there is a letter along with it, you may be in trouble.
When can these surprise payments count as a settlement? And why do settlements count as settlements, anyhow? The answer is the doctrine of accord and satisfaction. Listen in as Rebecca and Steve talk about what is really required for a claim of accord and satisfaction, when you can accept the payment, and why a settlement settles the claim.
When a you receive a random, unexpected payment for half of your subrogation claim, you might think, "hooray! Now I only have to recover the remaining half. That was easy!" But beware - if that payment has limiting language like, "payment in full" or there is a letter along with it, you may be in trouble.
When can these surprise payments count as a settlement? And why do settlements count as settlements, anyhow? The answer is the doctrine of accord and satisfaction. Listen in as Rebecca and Steve talk about what is really required for a claim of accord and satisfaction, when you can accept the payment, and why a settlement settles the claim.
This week, join us as we revisit our episode on Tree Falling for a refresher!
Original Air Date: November 13, 2018
If a tree falls across a property line, and no one is around to hear it, is anyone liable? Someone is, but to determine who, you have to do some detective work and know about the laws in that state. Join Steve and Rebecca as they see the forest, the trees, and help you see the potential subrogation recoveries for tree falling cases.
What do a teenager stealing a van, a granddaughter transferring money out of her grandmother's account, and a home builder who failed to complete a custom home in time have in common? They were all sued for conversion. But what is conversion, anyway? In this episode, Rebecca and Steve discuss this specific type of tort, and the elements you need to plead and prove to succeed on a claim of conversion. From misunderstandings to breaches of contract to outright theft, find out how to recover if your subrogation claim is based on this tricky little tort.
This week, join us as we revisit our episode on What is Subrogation? for a refresher!
Original Air Date: October 30, 2018
Do your friends and family wonder what it is you do all day? Or, is subrogation just a small or new part of your work and you’re wondering what you’ve gotten yourself into? Have you stumbled into this podcast by accident and wonder what it’s all about? Well, this is the episode for you! Join Rebecca and Steve as they get into the backstory of subrogation (and some of their own).
The standard calculation of value for property damage is usually either the fair market value before the loss less the fair market value after the loss, OR the cost to repair the property. But what happens when the repairs do not or cannot bring the property back to its pre-loss condition? You, or more specifically, your insured, might have a claim for diminution in value. Listen in to this week's episode as Rebecca and Steve discuss the different types of diminution in value claims, when they can be brought against a carrier or tortfeasor, what standards of proof apply, and how court's calculate those damages. Do cars really lose value just by being involved in car accidents? And why should subrogated carriers and their attorneys care about these claims if they are owned solely by the insured? Listen in to find out.
We are starting something new on our podcast - by looking back at our catalogue and re-releasing our earlier episodes for a refresher on these concepts. Don't worry, every other episode will still be a brand new one, but in between, we'll release these refreshers. This week, we're going all the way back to the very beginning, to our very first episode called, "Comparative v. Contributory Negligence." We hope this helps provide a refresher, and that you'll look forward to our completely new episode in two weeks!
Original Airdate: 10/16/2018
How does the type of negligence recognized in your state affect the outcome of your subrogation claim? If you are in a comparative negligence jurisdiction, will your claim be barred, or merely reduced? What even is contributory negligence? Join Rebecca and Steve as they work their way through these different negligence types, and explain how the jurisdiction’s treatment of negligence can impact your claim.
Click here for the referenced additional information.
Sometimes, your insured’s damaged items have no traditional market value at all, but are valuable based on their use: things like records and… power poles? What is the value of destroyed records and damaged power poles, and what is the useful life of an electrical pole, anyhow? We’ve all wondered that.
In today’s episode, Steve and Rebecca answer these questions and more as they discuss service value as a measure of damages. From plain old replacement value to complex considerations of depreciation, installation, and average useful life, find out how courts treat these cases arising from the “astonishing number of poles which find themselves in the path of errant vehicles.”
Sometimes, proving property damages is easy: you look at the fair market value of comparable items before and after the loss, do some simple math, and you have your amount. Sometimes, however, your damaged property is unique, or its value is determined not by the components that make up the item, but by what happens to it. How will the courts determine the fair measure of damages in those cases? In this episode, Rebecca and Steve discuss how to calculate damages by way of a subject they never thought would come up on this subrogation podcast: the assassination of a U.S. President. What is the intrinsic value of items associated with that dark day? Can you even look to the "fair market value" of the rifle that was used in that crime? What is the value of Oswald's personal effects? Join us as we go beyond replacement cost, depreciation, and purchase price to consider the effect of value to the owner and how to calculate the intrinsic value of Lee Harvey Oswald's own items.
Proving damages is often a simple formula: cost of repair, fair market value before and after the loss, etc. But what if the damaged item is super premium, or what if it is part of collection? What happens when you try to prove damage to high value collections? Join Rebecca and Steve as they venture into the world of antiques, collections, and classic cars to answer the question of how to prove these types of damages (and what isn’t enough). From coverage questions to the issue of proof, when is your insured an expert on his own belongings, and when is his testimony mere speculation? Find out how courts across the country handle these fact-specific cases.
We've all received recall notices in one way or another - through the mail, online, even via text message. But what happens when there is a recall notice related to your subrogation case? Can you use a recall notice to prove your products liability case?
It depends... listen in as Rebecca and Steve discuss when recall notices can help your case, hurt your case, or when they just won't come in at all. From overcoming evidentiary issues of subsequent remedial measures, to saving time and money by employing a recall notice to prove a defect, and even how the defense can use them to prove assumption of risk and contributory negligence, recall notices can and do have a real effect on subrogation claims.
One of the benefits of pursuing subrogation recovery through arbitration is the parties’ agreement to pay the resulting awards expediently, thereby reducing cycle times. As ideal as this timeframe sounds, things do not always go as planned. In this episode Ana Zgela, our Associate head of the RG Arbitration Team, joins Rebecca again to talk about how to enforce an arbitration award when the opposing carrier doesn’t pay. We discuss the requirements for enforcing awards from Arbitration Forums, NAMIC, as well as state arbitration forums like the Kentucky Insurance Arbitration Association (KIAA). To hear more of Ana’s wealth of knowledge on arbitration and its processes, listen back on our previous episode, Arbitration Decision: The End... or is it?, from October 15, 2021, to learn more about the arbitration procedures and the steps to take in the event of an error.
As former US District Judge, Leonard Davis, stated in his book, Anatomy of Cross-Examination, “A trial … is a reconstruction of the past about which two sides differ dramatically.” But what happens when one side is a lie? Although an attorney’s job is to protect their client, it is also their responsibility to ensure that witnesses called to testify is not influenced to give false testimony under oath. On this week’s installment, Rebecca and Steve Alsip discuss the ramifications of lying in court. According to the ethical rules both state and federal, attorneys have a responsibility to prevent false testimony, sometimes even requiring that attorney-client privilege be breached. Witnesses should not take their oath to tell the truth lightly, either. There are many severe repercussions to perjury and suborning perjury. Listen in to learn what to do when someone in your case is lying, and avoid becoming an April Fool the next time you’re in court.
In spite of what Hollywood would have us believe, spontaneous combustion is not magic – it’s chemistry. Spontaneous combustion is the outbreak of fire without application of heat from an external source. The good news is that because these types of fire often occur when combustible matter is stored improperly, the resulting damages can often be recovered via subrogation. The bad news is that due to the time that can elapse between when the negligent action occurs and when the fire turns from a smolder to a blaze, it can be difficult to find the rooted cause or liable party.
On this week’s episode, Steve and Rebecca engage in a heated discussion of spontaneous combustion: from the importance of getting your experts on scene as quickly as possible, to the evidence you may have overlooked, when it looks like your evidence has been consumed. From oily rags to piles of hay and even brewing grains, find out how to salvage your claims from these random fires before they go up in smoke.
It’s a conundrum: drivers with driving records earning nicknames like “Crash” are the ones from whom the public need coverage the most, yet a bad driving record can make securing that coverage seem impossible. Enter the SR-22, a certificate of insurability that acts like a motor vehicle collision bond in some states, quasi-insurance in others, and which does not even exist in the rest.
On this week’s installment, Rebecca and Steve discuss when an SR-22 acts like insurance, where it goes by the name FR-44, and how payment under an SR-22 can entitle an insurer to recover against its own insured. Spoiler: in these subrogation claims, the issue is one of contract, not tort.
Whether a slow drip or a sudden household flood, water can be a surprisingly damaging source of property damage. Factors such as product or material defects, negligent installation, frozen pipes, or roofing flaws are just come of the culprits that can cause major damage to a home. But who remains responsible when these unfortunate occurrences overflow?
This week, Rebecca and Steve dive deep into cases of water damage and discuss exactly who remains responsible in each circumstance. Listen in and soak up this information so you’re not drowning in questions when water wreaks havoc.
Just because a debtor files for bankruptcy does not mean all is lost. It simply means that the parties must maintain the status quo while the bankruptcy proceeding navigates its way through the Court. There are certain things a debtor must do, and if he or she fails to meet these obligations, or if the underlying claim is itself non-dischargeable, then your subrogated claim may still be pursuable. So what happens if the bankruptcy is dismissed? And which subrogated claims are non-dischargeable?
This week, Rebecca is joined by special guest, RG Partner Adam Wilk, to discuss when and how a bankruptcy discharge is denied, and exactly what that means for the holder of the subrogation claim.
Sometimes a tortfeasor’s biggest issue isn’t your subrogation claim, it’s that his actions were more than negligent…they were criminal. If a criminal has already been convicted of the crime that caused your damages, recovery should be a simple next step, right? Not necessarily.
On this week’s installment, Rebecca and Steve discuss restitution, which forces a convicted person to repay money damages caused by criminal acts. Restitution enforcement laws vary from state to state and recovery may not come as easily as one would expect. Listen in to learn how an insurer can seek restitution and recover damages ordered via restitution.
It’s an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before or during the suit to recover damages. Though this situation can prove to be frustrating, the claim lives on even if the tortfeasor does not.
On this week’s installment, Rebecca and Steve discuss options that the plaintiff has in filing suit against a deceased tortfeasor, and how to handle the legal proceedings if the defendant dies mid-suit. Steps and state requirements are discussed which allow one to bring suit against the estate, family member or another involved party to recover damages owed. Learn how to confirm that the tortfeasor is deceased, how to locate an estate, and how and whether to file a claim in the estate.
Today's episode is a rebroadcast of an episode we originally published on January 1, 2019. We will be back with new episodes in two weeks.
You may not be your brother’s keeper, but what about your child’s? Parents are responsible for their children’s well-being, of course, but are they legally liable for damages those children cause? Join Rebecca and Steve as they discuss the rule of sevens, the family purpose doctrine, sponsorship statutes, damages caps, and other issues affecting parental liability across the country.
Recorded statements, police reports, and even pictures are not always the best sources for learning the whole story about a collision. But what if the cars could talk? Thanks to Event Data Recorders, Advanced Driver Assistance Systems, and Infotainment Systems, they can. These technologies record a lot of data about what happened, and what didn’t happen, at the time of an accident – but can they help your subrogation claim?
On this week’s installment, Rebecca is joined by Eric McDowell, Project Engineer at Impact Analysis, Inc. who specializes in motor vehicle accident investigation and reconstruction. Rebecca and Eric dive deep into the importance of this collected data and explain how federal statutes have standardized the information recorded, the difference between data recorders in passenger and commercial vehicles, and just who owns the data, as well as the cost of obtaining it. Listen in to learn how these technologies can benefit your subrogation case.
With Covid-19 still an all-too familiar disruption to our normal day, virtual appearances have become the new normal when conducting hearings, , depositions, mediations, and even trials. In some jurisdictions, it looks like these methods are here to stay, so understanding how to best handle these virtual appearances is necessary, and failing to do so has real, and sometimes, ethical consequences.
On this week’s installment, Rebecca and Steve share some positive and negative experiences from their own virtual appearances, and you’ll hear from fellow attorneys Mark Demian and Jessica Lobes, as we all learn to navigate the new and virtual way of conducting their craft.
The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly. Those who will benefit from the common fund of the recovery must share in the cost of obtaining it. Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason.
On this week’s installment, Rebecca is joined by fellow attorney, Jason Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien.
You’ve fought the hard fight and prevailed, securing a judgment. The hard part is in the past, right? Not necessarily. Obtaining recovery against an uninsured or underinsured tortfeasor can be an uphill battle.
In all areas of subrogation, thousands of dollars in unpaid judgments go untouched and sometimes expire. This does not have to be the case. Once you secure a money judgment, you have a right to obtain a recovery, via liens, garnishments, suspensions, and other means. In this week’s installment, join Rebecca and Steve as they help navigate the options to securing your hard earned recovery from a less than cooperative Defendant.
When a liability decision cannot be determined between insurance companies, carriers often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effect and timely way to make a final and binding decision and recuperate a speedy recovery. But is the award always the end? Not necessarily.
On this week’s installment, Rebecca sits down with arbitration attorney, Ana Zgela, to discuss what exactly occurs when there is an error made by the arbitrator or the panel. They discuss how an appeal can be submitted or when a complete refile is necessary, as well as when a post decision inquiry (PDI) is the right way to address errors found in the award.
Electric Utility distribution systems all work as part of a massive infrastructure transporting energy from Generator to End User. Whether installed overhead, underground, or a combination of both, these major structures could cause issue as much as they provide energy.
Fire, injury or even death could be the result of a damaged power line. But who is at fault? On this week’s episode, join Rebecca and Steve as they shed some light on how these utility pole cases differ from state to state, and who should be held responsible in the event of a mishap.
Much to everyone’s dismay, the hassle and disruption of Covid-19 on our everyday lives is still all-too familiar. As it had in almost every aspect of people’s lives worldwide, Covid-19 projected disruptions in the day-to-day handling of files within the subrogation industry. One task became infinitely harder: notarizing documents. As companies travel bans and limited face-to-face contact to help limit the spread of COVID, our clients asked for help, wondering, how can we notarize important documents, including releases and affidavits.
On this week’s installment, Rebecca and Steve discuss the user friendly and cost effective process developed by Rathbone Group that allowed clients to have their documents notarized online without the need of an in person meeting, and how it alleviated the pressure of extending deadlines and delaying settlements for clients nationwide.
Contributory negligence is a legal standard that bars a plaintiff from recovering damages if they contributed to their injury. As little as 5% negligence can bar an injured party from recovery in some states, while other states choose not to follow the statute as strictly. In contributory negligence jurisdictions, defendants are often quick to provide reasons they should not be held liable for the damages they cause, but recovery is possible.
On this week’s episode, Rebecca speaks with attorney Adam Wilk, who handles subrogation cases in 3 of the five U.S. jurisdictions that apply a contributory negligence standard (Alabama, Maryland, North Carolina, Virginia, and DC). Adam explains how factors such as age, cognitive impairment or conduct of the plaintiff and/or defendant can allow an injured party to fight back against a contributory negligence defense to recover damages.
Most of us are lucky enough to live and work with a roof over our head. But who’s to blame when that roof is damaged or defective? Is it the installer’s responsibility? Or does the accountability come straight from the source at the manufacturer? Is there someone else to consider? It may be all three.
From improper installation to storm damage and even intentional acts, roof damage and the resulting liability is complex. On this week’s installment, Rebecca and Steve peel back the layers of roofing claims and navigate who is responsible when a roof is defective or contributes to property damage or physical harm.
Today's episode is a rebroadcast of an episode we originally published on February 26, 2019. We will be back with new episodes in two weeks.
Is there such a thing as too much coverage? When more than one policy covers a claim, how can you determine which insurance company should pay what? Join Rebecca and Steve as they discuss the contribution claims and how various states view the issue of multiple covering policies when complicated by other insurance clauses.
Rumor has it…there are times when the evidence you are seeking to introduce in court does not come from a witness there in court, but by someone who heard something that someone else said. If you are seeking to introduce this evidence to prove the truth of what was heard, then what you have is hearsay. Contrary to what you may have heard, hearsay isn’t always inadmissible, and sometimes, hearsay isn’t even (technically) hearsay. As usual, it depends – on whether the speaker is available, when and why they were speaking, and what motivated that statement.
On this week’s installment, Rebecca and Steve navigate the hearsay rule, its exceptions, and the exceptions to those exceptions to provide insight on precisely when out of court statements can be deemed admissible and when a court should refuse to play telephone.
Whether you are testifying in your personal capacity or on behalf of an insurance company, being deposed can be nerve-wracking. Proficient opposing counsel will work to find inconsistencies and prey on weak testimony to discredit a witness, and both sides will judge the witness to evaluate settlement positions. Lack of preparation can mean missing out on resolving the matter before trial, and can harm the case before the jury is even seated. But it doesn’t have to be that way!
This week, Rebecca welcomes special guest, Mark Demian, for a how-to guide for deponents or witness who are being deposed regarding an insurance claim. Mark provides simple and effective guidelines to encourage successful and effective testimony.
Witnesses can testify based on what they saw and heard or they can be called to the stand with expert knowledge supported by scientific data or specialized training. But expert witnesses must satisfy the court with more than a good resume – they must also show that the methodology they used to draw their conclusions are sound.
On this week’s installment, join Rebecca and Steve as they discuss the evolution of trial court standards for admitting expert testimony, from the Frye test, to the Daubert standard and beyond, and discuss what you should look for in a good expert witness.
The idea that an insurance company cannot subrogate against its own insureds seems like common sense, but is this a hard-and-fast rule? What happens when an insurance company tries to seek reimbursement for medical expenses paid to their insured when they also insure the tortfeasor who caused those injuries? What if that insured seeks her own recovery against the tortfeasor for the same medical expenses? What if an insured’s intentional act was the cause of serious injuries or death? Does their insurance company have a right to subrogate to recover those amounts from their insured?
In this installment in our series, follow Rebecca and Steve as they navigate the anti-subrogation rule and explain why insurance carriers cannot typically subrogate against their own insureds, and when such actions may be permitted.
The Made Whole Doctrine protects an insured’s right to recovery before recovery is collected by its insurer. But what if the tortfeasor does not have enough insurance to cover the loss? Is the insured entitled to recovery for pain and suffering? And the ultimate question, when is the insured considered fully compensated for the loss?
Being “made whole” varies even in those states that do apply the Made Whole Doctrine. Listen as Steve and Rebecca lead you through several states’ application of the doctrine, from those that require a legal determination that the insured has been made whole before any subrogation recovery, to those that parse out the doctrine based on damage types, to those that reject it entirely.
Federal and State Governments are powerful entities. But are they so powerful that they can never be sued for damages?
In this installment in our series on third party liability, join Rebecca and Steve as they explain why sovereign immunity can be a liability for your case if your third party is a government entity. The special forums for these claims, the special rules, time limits, and notice requirements that apply, and whether the entity can be sued for subrogation at all depend on which state or political subdivision is at fault. So buckle up and take notes for your next cross country claim.
You’ve seen it before: drinks flowing at your local bar on busy Saturday night. A patron who’s had too much leaves behind the wheel. If this person goes on to cause an accident, can the bar owner or bartender be held responsible for serving too much? What if it’s a house party, instead of a bar? The answer is, they might be.
Sit back and drink up this intoxicating subject as Steve and Rebecca use multi-state case law as real examples for when someone other than the inebriated party can be held responsible for a victims’ injuries. From dram shop laws creating liability for bar owners, to social host laws that do the same for homeowners, use this episode as one more reason to take the keys from your own guests who have had too much.
Each week, we bring you free education and advice on legal issues related to subrogation law. Listen to more podcasts at https://rathbonegroup.libsyn.com.
A tortfeasor goes on a donut run driving the company car and causes an accident with your insured. Can the insured - or her insurance company - also recover damages from the company? The answer is, “it depends.”
Rebecca and Steve return to explain the factors that turn an employee’s actions from a frolic into a detour, a single liable tortfeasor into a viable claim against the employer, via the doctrine of respondeat superior. What is within the course and scope of employment, when is an errand a frolic instead of a detour, and how can you prove this person was an employee in the first place? Listen to learn the tools you need to determine whether or not an employer has exposure when their employees cause damage both inside and outside the workplace.
Each week, we bring you free education and advice on legal issues related to subrogation law. Listen to more podcasts at https://rathbonegroup.libsyn.com
Learn more about us:
Rebecca Wright: https://www.rathbonegroup.com/our-people/rebecca-w-wright/
Steve Alsip: https://www.rathbonegroup.com/our-people/steven-alsip/
As that great American philosopher, Kenny Rogers, once sang,
"You got to know when to hold 'em, know when to fold 'em"
But how do you know when to walk away? Join Rebecca and Steve as they walk through the process of evaluating a claim that looked great on intake, to tease out whether or not it was a good bet as a subrogation case for the client. From determining the filing jurisdiction, to identifying claims and challenges, learn the steps to take to evaluate the cards you were dealt.
Listen to more podcasts at https://rathbonegroup.libsyn.com
What happens when someone else causes an accident while driving your car? Are you liable for the damages caused by this irresponsible driver? Our most recent podcast launched a new series on third-party liability. Today, Steve and Rebecca pick up with our second installment, defenses raised by third party owners. In addition to the usual negligence defenses, owners raise additional arguments to challenge their own liability. Using multi-state case law as real-life examples, Steve and Rebecca travel from Oregon to Washington, DC to explain how to address these defenses, from shifting the burden of proof, to proving ownership, to key-in-ignition statutes that attach liability to the owner even if the vehicle was stolen.
If you missed our first episode on third party liability, check out our previous episode. Do you have claims involving car and truck rental companies? Don't miss our podcast on the Graves Amendment, or head to our YouTube channel for a Graves Amendment video.
Be sure to rate, review, and subscribe to On Subrogation, so you can keep up with all the latest episodes. Questions or comments about this podcast? Contact us at podcast@rathbonegroup.com.
How do you recover damages if your tort driver is uninsured, underinsured, or otherwise uncollectable? What is the risk to lending your car to your drunk friend? (spoiler: don't do this). In this, our first in a multi-part series on third-party liability, Steve and Rebecca discuss when and how the owner of a vehicle will be vicariously liable for damages cased by a different driver, by statute, common law, or by negligent entrustment. As a bonus, learn some great arguments for why you can't loan your car to your cousin, the terrible driver.
Be sure to favorite or subscribe to the On Subrogation podcast so that you can catch the next episodes on other types of third-party liability!
Service of process just joined the digital age, in two jurisdictions, anyway. Alaska, in 2019, and now Texas, in 2021, officially allow litigants to serve summons' via social mail, e-mail, and other electronic means. Just like everything else on the internet, though, these new service rules are not as simple as they seem. Listen as Rebecca and Steve discuss the requirements for social media or electronic service, pitfalls to avoid, and how you can use these tools to serve your subrogation defendants online.
Want to see more? Check out our YouTube video on Service by Social Media. For more on Service of Process, you can listen to our podcast episodes on serving In-State Defendants, Out-of-State Defendants, and International Defendants.
You've seen it before - you're insured was minding her own business, driving down the highway, when suddenly, there's a cow in the road! Or a horse! Or a ... goose? She swerves and... you have a damages claim to subrogate. Is the owner of an animal running at large liable for the damages that animal caused? It depends. In this episode, Steve and Rebecca discuss the cases of animals in the road and animals running at large, and how the laws regarding liability for the damages caused by these animals differs from state to state, and even from town to town. Learn about open range states, fence in states, and what kind of proof you need to recover when your insured is damaged by animals on the loose. For more on open range laws, check out our YouTube video, Livestock Liability in Open and Closed Range States. For more information about animal claims, check out our episode, When Animals Attack! - Dog Bites.
Note that due to the issues surrounding COVID-19, we are suspending posting new content, so this will be our last new episode of On Subrogation for a little while. Rathbone Group, LLC is open for business, and you can still submit your questions or file referrals to us at podcast@rathbonegroup.com. Stay well!
People love their pets, but sometimes, pets don't love other people. What happens when your insured is attacked by an animal? Is the owner liable? What do you need to prove, and what defenses might you face? Is there really such a thing as a "one-bite" rule? Join Rebecca and Steve as they survey several states to discuss some dogs that were not good boys. You can find a list of states and their dog owner liability statutes, or lack thereof, here. Rathbone Group, LLC does not own, contribute to, nor maintain the alllaw.com site. You should consult an attorney for legal advice and statutory interpretation. Feel free to contact us for more information on this or any other topic at podcast@rathbonegroup.com. Want more information about animal cases? Check out our next episode, Hold Your Horses: Animals at Large! to be published on March 24, 2020.
What happens when an alarm system doesn't work like it should? Damages can be high, but are those damages recoverable? Alarm companies frequently rely on liquidated damages provisions, limitations on liability, anti-subrogation clauses, and other exculpatory clauses to avoid liability. Do the courts agree? Join Steve and Rebecca as they discuss whether these claims are recoverable, and what you need to know to figure that out.
Plaintiffs have to be able to prove their cases. It's true for individual litigants and subrogated carriers, but sometimes, you don't actually own your proof, you don't control it, and that can wreak havoc on your file. On this episode, Rebecca forces Steve to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.
It’s a noun! It’s an adjective! It’s a rule of damages! It’s a rule of evidence! The Collateral Source Rule is all of these things and more. Join Rebecca and Steve as they discuss the two different but related facets of the Collateral Source Rule, and why it is so common in subrogation cases, where subrogated carriers often are the collateral source at issue.
The post Collateral Source Rule: Citation Not Needed appeared first on Rathbone Group, LLC.
You’ve worked your file, filed suit, obtained service, filed your motions, and obtained a judgment. Now, the defendant wants to get out of that judgment. Can he do that? The answer is: sometimes. Listen in as Rebecca and Steve discuss what happens when a defendant files a Motion for Relief from Judgment, when such a motion will succeed in overcoming your judgment, and what happens next.
For more on the litigation process in subrogation cases, listen to our episodes on In-State, Out-of-State, and International Service of Process, Motions for Default Judgment, and Motions for Summary Judgment.
The post When is a Judgment not a Judgment? appeared first on Rathbone Group, LLC.
What happens when the tortfeasor who caused your damages has some insurance coverage, but not enough? Just because the tortfeasor doesn’t have enough insurance, doesn’t mean the tortfeasor isn’t liable for the full amount of the damages he caused. Whether it is state minimum coverage, multiple injured parties, or just a loss that results in a large amount of damages, dealing with this blend of insured and uninsured in the same tortfeasor requires special handling. Join Rebecca and Steve as they discuss how these circumstances differ from state to state, and what to watch out for if you want to preserve your claim for excess.
Looking for more? Check out our YouTube Video: Subrogating Underinsured Tortfeasors.
The post Excess Baggage: Dealing with Underinsured Tortfeasors appeared first on Rathbone Group, LLC.
You’ve probably heard this before: “Wait! You can’t sue for your insured’s medical damages. She wasn’t wearing a seat belt and that’s against the law!” All but one U.S. state have laws requiring occupants of motor vehicles to wear seat belts, and at least 15 of them recognize the seat belt defense. In this episode, Rebecca sits down with Michael Markushewski, Chief Technical Officer at ARCCA, to talk about how you can use more than your insured’s statements to respond to this defense, what kinds of seat belts actually provide protection and in what types of collisions, and how this kind of research arose out of helicopter ejection seats and professional hockey players.
Want to see more? Head to our YouTube channel for a video on Seat Belts and Subro: How Vehicle Restraints Affect Damages.
The post Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages appeared first on Rathbone Group, LLC.
Subrogation is concerned with recovering damages paid by insurance companies for losses, which helps to keep rates down and holds those who cause damage accountable. But what happens when the insured has damages that weren’t covered by the policy? Join Kim Rathbone as she sits down with Susan M. Benson, Attorney at Law, to discuss how an insured’s out of pocket damages can impact a subrogation case.
You can also watch the video version of this interview on our YouTube channel, dropping Friday, December 6.
The post Subrogation When Your Insured has Out of Pockets appeared first on Rathbone Group, LLC.
If your expert could ask your adjuster to do a few things to protect your subrogation case, what would they be? What’s new in the world of appliance cases and water losses related to them? Join Jason Sullivan as he sits down with Michial Jacob, P.E., Principal Engineer at Veritas Engineering Laboratories to discuss best practices for scene investigations, as well as how developments in appliance manufacturing and design has changed subrogation cases.
Want to see more? Head to our YouTube channel for a video on Best Practices in Scene Investigation.
The post What’s New, Veritas: Developments in Scene Investigation and Appliance Cases appeared first on Rathbone Group, LLC.
Can you really have a trial without a trial? With a Motion for Summary Judgment, you can. But are these motions really the dead-end that law students are often taught they are? Summary Judgment is a real mechanism that is available under the right circumstances. Listen to Rebecca and Steve discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.
The post Motions for Summary Judgment appeared first on Rathbone Group, LLC.
Motions for Default Judgment seem simple enough – if the Defendant doesn’t answer, you get a judgment. But as with so many things, the devil is in the details. Listen as Steve and Rebecca get into these details, from what proof can be required to the time limits involved, to when and why a hearing may be needed.
The post Motions for Default Judgment appeared first on Rathbone Group, LLC.
Can an online marketplace be liable for damages caused by a third-party vendor’s product? The answer is, maybe. Join Rebecca and Steve as they discuss the recent court decisions that are calling into question Amazon’s immunity from liability for damages caused by products they sell on their site, and what these cases mean for the future of products liability cases in the world of online retailers.
You can read the courts’ opinions here:
Fox v. Amazon.com Inc., 2019 WL 2896326 (6th Cir. No. 18-5661, 2019)
Oberdorf v. Amazon.com Inc., 2019 WL 2849153 (3rd Cir. No. 18-1041, 2019) (Note that on August 23, 2019, the Third Circuit Court of Appeals granted a petition for rehearing. The Court vacated this July 3, 2019 Opinion, and will rehear the matter at a later date. We will release an update once the Third Circuit enters a new opinion.)
The post Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company appeared first on Rathbone Group, LLC.
In this, the third exciting installment of our suite on Service of Process, Steve and Rebecca discuss the proper processes for effectuating service on Defendants located outside of the country where suit is being filed. Listen in as the explain how the Hague Convention streamlines the process, what options you have besides the methods specified in that document, and what to do if the country where the Defendant resides is not a signatory to it.
For an up-to-date list of signatory states to the Hague Convention, including which methods of service they accept, visit the World Organisation for Cross-border Co-operation in Civil and Commercial Matters (HCCH).
You can find the State Department’s recommendations on international service, including contact information for foreign plaintiffs serving process on US entities, at their website, here.
Check our episodes on In-State and Out-of-State Service for more information on this important part of the litigation process.
The post Service of Process: International Defendants (Hague Convention) appeared first on Rathbone Group, LLC.
In this, our second installment on service of process, Rebecca and Steve discuss the difference between subject matter and personal jurisdiction, and how a court can have personal jurisdiction over a defendant that lives out of state. In the second half of the episode, learn how some of the special rules that apply to certain subrogation matters can actually make service of process on out of state defendants easier than serving defendants in the same state as the lawsuit.
Check our episodes on In-State and International Service for more information on this important part of the litigation process.
The post Service of Process: Out-of-State (Long Arm Statutes) appeared first on Rathbone Group, LLC.
What if you had a lawsuit and nobody showed up? Each State has rules governing the service of process in civil suits filed in their courts. Join Steve and Rebecca as they discuss how these rules differ depending on who you are serving, and why this process is so important. Make sure to subscribe to this podcast so that you can be notified of our future episode on Service of Process on Out-of-State defendants, too.
The post Service of Process: In-State appeared first on Rathbone Group, LLC.
The Graves Amendment was part of a 2005 federal highway bill, and though it is new, it has serious implications for subrogation claims involving rental leasing companies. Listen to Rebecca Wright and special guest, Jennie Smith-Howard, as they discuss how the Graves Amendment protects rental car companies from certain claims, and what subrogation claims can still be asserted against such companies.
The post Graves Amendment appeared first on Rathbone Group, LLC.
Big trucks require big coverage – at least according to the Motor Carrier Act of 1980. To make sure that coverage protects the public in accidents involving these big trucks, the Act requires that coverage to include an MCS-90 endorsement. What is the MCS-90 endorsement, and what does it mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle? Join Rebecca and Steve as they discuss the MCS-90 endorsement, and how knowing what it says can help you in your negotiations of trucking cases.
You can find more information on the Financial Responsibility Requirements for large or hazardous vehicles on the Federal Motor Carrier Safety Administration’s website, and the Form MCS-90 Endorsement here.
The post MCS-90 appeared first on Rathbone Group, LLC.
What rights does a customer have when a shipping company fails to deliver a shipment timely, the shipment arrives damaged, or it does not arrive at all? What are the limitations on claims such as these? Join Rebecca and Steve as they discuss the Carmack Amendment, and how it attempts to address the issue of interstate shipping damages consistently across the country.
The post Carmack Amendment appeared first on Rathbone Group, LLC.
The Statute of Frauds may sound like a relic of the English Common Law of centuries past, but it is very much alive in the Uniform Commercial Code and state statutes around the country. Understanding the Statute of Frauds and its requirements to put certain agreements in writing can mean the difference between an enforceable payment plan, and an unenforceable promise. Join Rebecca and Steve as they discuss the Statute of Frauds, and the different ways that it has been interpreted from state to state.
The post Statute of Frauds: Why You Should Get Your Payment Plans in Writing appeared first on Rathbone Group, LLC.
The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers and Sailors Civil Relief Act, are a set of laws that allow military personnel and servicemembers to focus on defending our nation, instead of worrying about financial issues and legal actions. The SCRA’s important protections come into play in any legal proceeding involving active duty military personnel, and include additional requirements to assist in protecting them. Join Steve and Rebecca as they discuss this important legislation, and what you need to know to comply with it in your subrogation actions.
If you are an attorney and would like to donate your legal services to assist servicemembers, veterans, or their families, you can find information on the ABA Military Pro Bono Project, Operation Standby, ABA Home Front, and the Veterans’ Claims Assistance Network here.
If you are a servicemember with questions about the Act, please refer to the excellent SCRA Questions and Answers for Servicemembers page on the Department of Justice’s website.
From the Department of Justice, if you have additional questions or feel that your rights under the SCRA have been violated, contact the Armed Forces Legal Assistance Program office near you.
If you are in an emergency situation (such as an imminent foreclosure, eviction or repossession), you can contact Civil Rights Division’s Housing and Civil Enforcement Section: (202) 514-4713
TTY – 202-305-1882
U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530
Email: fairhousing@usdoj.gov
Thank you for your service
The post SCRA: Legal Protections for Military Personnel appeared first on Rathbone Group, LLC.
Spoliation is, at it’s core, evidence tampering. No, we’re not dealing with shady backroom threats on a witness’ life, but the results of the destruction of evidence can be nonetheless devastating to a party’s case, even when it happens by accident. Join Steve and Rebecca as they discuss spoliation, why you shouldn’t commit it, how to avoid negligent spoliation, and the myriad and sometimes harsh penalties handed down by courts when spoliation does occur.
The post Spoliation appeared first on Rathbone Group, LLC.
Is Sudden Emergency a “get out of liability free” card? It can be, but it depends on the circumstances and on who is making the decision. Join Rebecca and Steve as they discuss what constitutes a sudden emergency, what happens when a defendant claims one, and why so many states have rejected the defense entirely.
You can find more information about why UPS trucks avoid left-hand turns by clicking here.
The post Sudden Emergency appeared first on Rathbone Group, LLC.
When we think of subrogation, we often think of property and casualty coverage for car accidents or house fires, but other types of claims can result in subrogation rights. Join Rebecca Wright as she sits down with Lee Mendelson, Managing Attorney of Mendelson Schwarz, to discuss tips and pitfalls of subrogating workers compensation claims in California.
For the video version of this interview, visit our YouTube channel, On Subrogation.
The post Work Comp: Subrogating in the Golden State appeared first on Rathbone Group, LLC.
What do you do when everyone is wrong? Which way will a jury go, and how can you figure that out? Join Rebecca Wright as she sits down with Steve Theesfeld, a Partner at Yost & Baill, to hear about a case he is litigating where everyone seems to have participated in the loss – at least to some extent. So how can he figure out what a jury will think of the liability? Turns out, he’s surrounded by people just like them.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post The World is Your Jury appeared first on Rathbone Group, LLC.
The litigation process includes many avenues for discovery, but sometimes, you are ready to move on an issue without going through those motions – and that may be the best option. Join Kim Rathbone as she sits down with Joel Radokovich and Patrick Jarosch of Grotefeld Hoffmann to discuss why sometimes the best offense is a good offense.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post The Benefits of Early Motion Practice appeared first on Rathbone Group, LLC.
Have you ever lent property to a friend? Ever park your car in a parking garage? Ever asked someone to hold onto something for you as a favor?
What if something goes wrong? Who is liable if your property ends up damaged, or stolen? Join Steve and Rebecca as they discuss the shifting burdens and other ways liability changes when property is borrowed.
The post Bailment appeared first on Rathbone Group, LLC.
When is it too late to file a lawsuit for your damages? There’s a stat for that! The details, however, depend on a number of factors. Join Rebecca and Steve as they discuss statutes of limitations and how the jurisdiction, type of claim, specific circumstances of the loss, and even whether or not arbitration applies can affect the timing in which you must bring your claim. Make sure you aren’t late for this very important date!
The post Statutes of Limitations – Are You SOL? appeared first on Rathbone Group, LLC.
What does it mean to be in a No Fault state? Does it really mean no one is at fault? Join Rebecca and Steve as they dive into this often misunderstood area, where no fault doesn’t mean without fault, damages may not be damages, and being a “PIP squeak” is problematic.
The post Do No Fault Collisions Exist? appeared first on Rathbone Group, LLC.
Is there such a thing as too much coverage? When more than one policy covers a claim, how can you determine which insurance company should pay what? Join Rebecca and Steve as they discuss the contribution claims and how various states view the issue of multiple covering policies when complicated by other insurance clauses.
Hosts: Rebecca Wright and Steve Alsip
Edited by Russell Ihrig
Do you have a case in which you just KNOW the other party caused the damage, but you just can’t prove it? Can’t you just use res ipsa loquitur? The answer is, it’s not that simple. Join Rebecca and Steve as they explain the requirements of asserting this legal doctrine, what it really means to assert it, and how the courts react to it. For a thing that speaks for itself, this doctrine isn’t so easy.
The post Res Ipsa Loquitur appeared first on Rathbone Group, LLC.
On this special live episode, Rebecca Wright sits down with attorney Steve Theesfeld to hear about a surprisingly scintillating subrogation case he is handling. Like any good page-turner, we cannot wait to hear how it ends, but fair warning, this one is not for the faint of heart.
Find more information about Steven L. Theesfeld at Yost & Baill.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Steve Theesfeld’s Sauciest Subro Case Yet appeared first on Rathbone Group, LLC.
On this special live episode, Steve Alsip sits down with Bob Welsh of MQC Labs to discuss non-destructive testing in battery failures of items like e-cigarettes. Learn how cutting edge technology can preserve your evidence even as they provide valuable information and analysis.
Find more information on MQC Labs here.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – How an Expert Handles E-Cigarettes appeared first on Rathbone Group, LLC.
On this special live episode, Rebecca Wright sits down with Dr. Dehua Yang, a chemist who uses chemical analysis and materials sciences to help investigate and prove claims. Dr. Yang and Rebecca discuss the use of lab analysis to identify chemical compounds recovered from the scene of a collision, and potentially identify liable parties in a subrogation case.
Find more information about Dr. Dehua Yang at Ebatco.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Chemicals Can Tell the Story appeared first on Rathbone Group, LLC.
In this special live episode, Kim Rathbone sits down with attorneys Steven Kraus and Noah Gradofsky to discuss the challenges of ride-sharing subrogation cases in New York and New Jersey. As the ride-sharing economy grows, the existing system for handling losses involving taxis and limousines has to flex and expand to accommodate these new services, which straddle the line between private vehicles and rides for-hire.
Find more information about Steven G. Kraus and Noah Gradofsky at the Law Offices of Jan Meyer & Associates.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Subrogating Ride-Share Cases appeared first on Rathbone Group, LLC.
On this special live episode, Jason Sullivan sits down with IAAI Certified Fire Investigator Michael Schlatman to talk about fire analysis. How do fire investigators make any sense out of what looks to be nothing more than a pile of ash and rubble? It’s not magic – it’s science!
Learn more about Michael Schlatman at Fire Consulting International, Inc.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Fire Analysis Out of the Ashes appeared first on Rathbone Group, LLC.
On this special live episode, Kim Rathbone sits down with New York attorney Brian Suchoff to talk about best practices when opening a new subrogation file. Brian shares tips to help clients learn what information subrogation attorneys need to best handle the file, and tips for the attorneys handling the intake process.
For more information on Brian Suchoff, visit Ross & Suchoff, LLC.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Brian Suchoff on Best Practices in Intake appeared first on Rathbone Group, LLC.
On this special live episode, Rebecca meets Cinder, the fire-investigating dog, and her handler, and IAAI Certified Fire Investigator, Steve Chapman of S.C. Fire Consulting, Inc. Steve shows Rebecca how Cinder can sniff out ignitable liquids that may otherwise go undetected. As Cinder says, “when in doubt, use a snout!”
For more information on Steve Chapman and Cinder, visit S.C. Fire Consulting, Inc.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Cinder the Fire-Investigating Dog appeared first on Rathbone Group, LLC.
In this special live episode, Jason Sullivan sits down with Michael Matek, an attorney based in Chicago, to discuss the challenges of subrogation litigation in Cook County, Illinois. Find out why so many Cook County cases end up going to jury trials, and what you can do to best prepare for it.
Find more information about Michael S. Matek at Matek & Mazar, LLC.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Michael Matek on Chicago Challenges appeared first on Rathbone Group, LLC.
On this special live episode, Kim Rathbone sits down with attorney Allen Mills to discuss the complexities of handling workers compensation subrogation in North Carolina. Based on his years of practice in the area, Allen provides practical tips that are applicable beyond the boundaries of the Tar Heel State.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Allen Mills on Work Comp Subrogation appeared first on Rathbone Group, LLC.
On this special live episode, Rebecca Wright sits down with Certified Accident Reconstructionist Jeff Lyle, of Nationwide, to talk about clues that are left behind in side-swipe collisions. Hear how much easier sorting out conflicting statements can be when the vehicle damage can “tell you” it’s side of the story.
This episode was recorded live at the NASP Annual Conference in November 2018.
For the video version of this interview, please visit our YouTube channel, On Subrogation.
The post On Subro LIVE! – Reconstructing a Side-Swipe Collision appeared first on Rathbone Group, LLC.
On this special live episode, Rebecca Wright talks with certified fire investigators Scott Bennett of Fire and Explosion Consultants (FEC), and Bumper Moylan of S-E-A, Ltd., about how to spot a “remodeling fire.” Hint: check the fridge!
Look for more information about Scott Bennett, the 2017/2018 IAAI President, and the other experts at Fire and Explosion Consultants (FEC) here.
Look for more information about Bumper Moylan and the other experts at S-E-A, Ltd. here.
This episode was recorded live at the NASP Annual Conference in November 2018.
The post On Subro LIVE! – Remodeling Fires appeared first on Rathbone Group, LLC.
What is the value of a faulty product? If a faulty product causes damages to itself, can those damages be recovered? Yes… maybe. Join Rebecca and Steve as the guide you through the history and current trends regarding the Economic Loss Doctrine to find out!
Hosts: Rebecca Wright and Steve Alsip
Edited by Nathan Reisman Audio
The post Economic Loss Doctrine appeared first on Rathbone Group, LLC.
A lot of subrogation files deal with negligence, but what about those files where the tortfeasor did something on purpose? And what if she got caught? In this episode, Rebecca and Steve discuss the issues that arise when your subrogation file deals with a criminal act. Do you need a guardian ad litem? Can the tortfeasor plead the 5th in your civil case? From serving incarcerated tortfeasors and insureds to recovering on restitution orders, you’ll know what to expect when you have a criminal act in your file.
Hosts: Rebecca Wright and Steven Alsip
The post Criminal Acts in Subrogation Files appeared first on Rathbone Group, LLC.
You may not be your brother’s keeper, but what about your child’s? Parents are responsible for their children’s well-being, of course, but are they responsible for damages those children cause? Join Rebecca and Steve as they discuss the rule of sevens, the family purpose doctrine, sponsorship statutes, damages caps, and other issues affecting parental liability across the country.
Want to see more? Watch our YouTube videos on Parental Liability and the Family Car Doctrine.
The post Parental Liability appeared first on Rathbone Group, LLC.
You fought long and hard to reach a favorable settlement but now you are done. Just sign this release and… wait a second, what does it say? Why is it so long? What exactly are you agreeing to, anyhow? Join Rebecca and Steve as they walk you through the often long and winding road of settlement releases, and find out what language they have trouble letting go of in these important documents.
For more on Releases, watch our YouTube video on Subrogation Releases here.
The post Releases appeared first on Rathbone Group, LLC.
Do you have to turn over your client’s entire claim file in the discovery process? NO! Or at least, usually not. Join Rebecca and Steve as they discuss what can and cannot be protected via privilege, what probably has to go, and what you may want to disclose from the claim file to reach the best result in your subrogation case.
The post Protecting the Claim File appeared first on Rathbone Group, LLC.
If a tree falls across a property line, and no one is around to hear it, is anyone liable? Someone is, but to determine who, you have to do some detective work and know about the laws in that state. Join Steve and Rebecca as they see the forest, the trees, and help you see the potential subrogation recoveries for tree falling cases.
The post Tree Falling appeared first on Rathbone Group, LLC.
Do your friends and family wonder what it is you do all day? Or, is subrogation just a small or new part of your work and you’re wondering what you’ve gotten yourself into? Have you stumbled into this podcast by accident and wonder what it’s all about? Well, this is the episode for you! Join Rebecca and Steve as they get into the backstory of subrogation (and some of their own).
The post What is Subrogation appeared first on Rathbone Group, LLC.
How does the type of negligence recognized in your state affect the outcome of your subrogation claim? If you are in a comparative negligence jurisdiction, will your claim be barred, or merely reduced? What even is contributory negligence? Join Rebecca and Steve as they work their way through these different negligence types, and explain how the jurisdiction’s treatment of negligence can impact your claim.
Click here for the referenced additional information.
The post Comparative v Contributory Negligence appeared first on Rathbone Group, LLC.