Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages
Release Date: 12/17/2019
Refresh: The Tipsy Podcast: Dram Shop and Social Host Laws
On Subrogation
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 and use multi-state case law as real examples for when...
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Dead Man's Rule
On Subrogation
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 and 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.
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Refresh: Third Party Liability: Frolicking Employees
On Subrogation
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.” and 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...
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Negligent Maintenance in Property Claims
On Subrogation
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 and 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...
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Refresh: Negligent Maintenance in Auto Claims
On Subrogation
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, and discuss what happens...
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No Takesies Backsies: Subrogation and Voluntary Payments
On Subrogation
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 and 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.
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Refresh: Know When to Walk Away
On Subrogation
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 and 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...
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Status Update: Electronic & Social Media Service
On Subrogation
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 and as they explain the innovations made to the online service process and discuss how, under the right circumstances, requests to use a defendant’s...
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Refresh: Tag, You’re It! Service by Social Media
On Subrogation
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 and 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 on Service by Social Media. For...
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Texas Expedited Actions and the 2-week Trial Docket
On Subrogation
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, and are joined by fellow partner, , as they discuss attorney strategies and tips for navigating these...
info_outlineYou’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.
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