On Subrogation

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...

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?...

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 a...

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...

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...

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...

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 writin...

In our modern world, nearly every aspect of life relies on some type of manufactured good. While these goods normally improve our standard of living, whether it be by making things easier or just more enjoyable, an unknown defect can potentially result in property damage or physical harm. Who is responsible for the damages caused by goods in their original packaging? There may be several liable pa...

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  Steve   and  Rebecca   as they dis...

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 informati...

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 burd...

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 neg...

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,...

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 const...

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 epis...

Refresh: Res Ipsa Loquitor This week, join us as we revisit our episode on Res Ipsa Loquitor for a refresher! Original Air Date: February 12, 2019 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 assertin...

When one party does something that benefits another, they expect to be paid.  But what happens when the recipient refuses to pay?  If there's no contract between them, are they stuck?  Not if the plaintiff can prove the defendant was unjustly enriched.  The law applies this concept to create fairness, and requires the recipient to pay restitution for the benefit it received.  On this week's podcas...

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...

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 crimin...

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 j...

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 se...

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...

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 cl...