On Subrogation

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? T...

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...

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...

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...

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 A...

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 judg...

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 b...

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 recu...

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, in...

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 the...

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 insti...

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...

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....

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.   L...

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...

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...

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 e...

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...

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 methodol...

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...

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, whe...

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 Ste...

 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 t...

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,...