Refresh: MCS 90
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 mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle? Join and as they discuss the MCS-90 endorsement, and how knowing what...
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Lost Profits
On Subrogation
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 this week’s episode, and explore real scenarios to guide listeners through the legal standards that shape these complex claims and break down the core elements behind successful...
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Refresh: Third Party: Government Entities
On Subrogation
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 and as they explain why sovereign immunity can be a liability for your case if your third party is a government entity. The special forums for these claims, the special rules, time limits, and notice requirements that apply, and whether the entity can be...
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Road Rage
On Subrogation
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 held responsible for an employee’s rageful driving. In this week’s episode, and explore what really happens when road rage turns into a legal battle and break down real legal...
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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.
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.