On Subrogation

It's our 100 th 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...

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  a...

In the world of subrogation, setting your claim up for successful litigation does not begin with the filing of a complaint.   Beyond preserving evidence, there are certain statutory requirements that plaintiffs in some claims must satisfy before the suit even begins.   If your claim involves a claim that a construction company or contractor failed in their responsibilities, you may have to give th...

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  t...

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...

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...

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 can...

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...

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...

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 m...

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...

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.  L...

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...

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 limit...

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 K...

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...

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...

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...

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 evoluti...

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 questi...

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 partic...

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 S...

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 t...

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 imp...

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...