Hold Your Horses: Animals at Large
On Subrogation
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 that animal caused? It depends. In this episode, and discuss the cases of animals in the road and animals running at large, and how the laws regarding liability for the damages caused by these animals differs from state to state, and even from town to town. Learn about open...
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When Animals Attack! Dog Bites
On Subrogation
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 and as they survey several states to discuss some dogs that were not good boys. You can find a list of states and their dog owner liability statutes, or lack thereof, . Rathbone Group, LLC does not own, contribute to, nor maintain the alllaw.com site. You should consult an attorney for legal...
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Service Contracts Limit Liability: Should This Set Off Alarm Bells?
On Subrogation
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 clauses to avoid liability. Do the courts agree? Join and as they discuss whether these claims are recoverable, and what you need to know to figure that out.
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Say Cheese: What Happens When You Don't Control Your Proof
On Subrogation
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, forces to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.
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Collateral Source Rule: Citation Not Needed
On Subrogation
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 and as they discuss the two different but related facets of the Collateral Source Rule, and why it is so common in subrogation cases, where subrogated carriers often are the collateral source at issue. The post appeared first on .
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When is a Judgment not a Judgment?
On Subrogation
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 and discuss what happens when a defendant files a Motion for Relief from Judgment, when such a motion will succeed in overcoming your judgment, and what happens next. For more on the litigation process in subrogation cases, listen to our episodes on , , and Service of Process, , and Motions for Summary Judgment. The post appeared first on .
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Excess Baggage: Dealing with Underinsured Tortfeasors
On Subrogation
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 minimum coverage, multiple injured parties, or just a loss that results in a large amount of damages, dealing with this blend of insured and uninsured in the same tortfeasor requires special handling. Join and as they discuss how these circumstances differ from state to state, and what to watch out for if...
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Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages
On Subrogation
You’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, sits down with , Chief Technical Officer at , 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...
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Subrogation When Your Insured has Out of Pockets
On Subrogation
Subrogation is concerned with recovering damages paid by insurance companies for losses, which helps to keep rates down and holds those who cause damage accountable. But what happens when the insured has damages that weren’t covered by the policy? Join as she sits down with , Attorney at Law, to discuss how an insured’s out of pocket damages can impact a subrogation case. You can also watch the video version of this interview on our , dropping Friday, December 6. The post appeared first on .
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What’s New, Veritas: Developments in Scene Investigation and Appliance Cases
On Subrogation
If your expert could ask your adjuster to do a few things to protect your subrogation case, what would they be? What’s new in the world of appliance cases and water losses related to them? Join as he sits down with Michial Jacob, P.E., Principal Engineer at to discuss best practices for scene investigations, as well as how developments in appliance manufacturing and design has changed subrogation cases. Want to see more? Head to our for a video on . The post appeared first on .
info_outlinePlaintiffs 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 to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.