On Subrogation

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 i...

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...

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 mea...

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 t...

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...

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...

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...

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...

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...

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 th...

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? Mainte...

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 publi...

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 tha...

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 intern...

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...

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 c...

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 cla...

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 thi...

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 tha...

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 ha...

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 owner...

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 yo...

This week, join us as we revisit our episode on 3 rd 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...

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...

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,...