Statutes of Repose
On Subrogation
Time, time, time. It’s not always on our side. We are, generally, aware of Statutes of Limitations, which allow only a certain amount of time after a cause of action has accrued to file a lawsuit. So, what if your damages are caused by a latent defect that is only discovered years after the tortfeasor completed work on, say, a house? Since your statute of limitations does not begin to run until the damage is discovered, you’re in the clear right? Not so fast. You may be barred by the running of another time limit: the Statute of Repose. That’s...
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Refresh: Statute of Limitations – Are You SOL?
On Subrogation
This week, join us as we revisit our episode on Statute of Limitations as 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 and as they discuss statutes of limitations and how the jurisdiction, type of claim, specific circumstances of the loss, and even whether or not arbitration applies can affect the timing in which you must bring your claim. Make sure you aren’t late for this very important date!
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Flame Wars: Dumbest Ways to Start a Fire - 100th Episode
On Subrogation
It’s our 100th 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, and 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 to the interesting ways tortfeasors have caused subrogation claims from fires.
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Refresh: When Animals Attack! Dog Bites
On Subrogation
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 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...
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Right to Repair/ Right to Cure
On Subrogation
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 them a chance to fix the problem. Not every state recognizes the Right to Repair or Right to Cure, but when it comes to construction defect cases, you need to know if your jurisdiction...
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Refresh: Say Cheese: What Happens When You Don’t Control Your Proof
On Subrogation
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, 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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Digital License Plates
On Subrogation
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 more easily recovering stolen vehicles, to concerns about tracking movements, join and on this week’s episode as they navigate this new technology.
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Refresh: Collateral Source Rule: Citation Not Needed
On Subrogation
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 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.
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Is There Really a Last Clear Chance?
On Subrogation
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 cannot shield himself with contributory negligence if he had the opportunity to avoid the harm to the plaintiff. On this week’s episode, and take some time to explain the elements...
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Refresh: Relief from Judgment- When a Judgment is not a Judgment
On Subrogation
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 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...
info_outlineThe 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?
How can a customer prove a car wash owner’s negligence? At what point is the owner of the vehicle responsible for their damage? On this week’s episode, Steve and Rebecca air out any questions that may arise when negligence is questionable and a car comes out of the wash with more than just an extra wax coat.