Refresh: Say Cheese: What Happens When You Don’t Control Your Proof
Release Date: 06/28/2024
Refresh: Service Contracts Limit Liability: Should This Set Off Alarm Bells?
On Subrogation
This week, join us as we revisit our episode on Service Contract Limit Liability as a refresher! Original Air Date: February 25, 2020. 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...
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Self-Driving Taxis: A New Level of Autonomous Driving
On Subrogation
The future is here! And that future is driverless cars, with the world’s first autonomous ride-hailing service now available to the public. Though these fully electric, app based, self-driving vehicles seem convenient and cost-effective, what happens when an autonomous vehicle causes damage or injury to persons or property? Who is to blame? Is it the owner? The manufacturer? The occupant? On this week’s episode, joins to discuss their first-hand experience riding in an autonomous taxi. Learn the features and abilities of these self-service vehicles and buckle up as we navigate the...
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Refresh: Hold Your Horses: Animals at Large
On Subrogation
This week, join us as we revisit our episode on animals in the road. Original Air Date: March 24, 2020. 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...
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Blasting Cases and Public Nuisance
On Subrogation
TNT – it’s not just for cartoon coyotes, but what happens when explosives are used in the real world… and cause damage to your insured? Blasting with explosives is common in mining operations, construction and roadwork, but blasting, not surprisingly, can cause damage. Whether by noise, pollution, vibration, or flying debris, when these blasting activities cause damage, does the public just have to sit back and endure it? On this week’s episode, join and as they dig deep into case law on when and how to bring actions to recover for damages caused by public nuisance. ...
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Refresh: Third-Party Liability: Defenses
On Subrogation
This week, join us as we revisit our episode on third-party liability defenses. Original Air Date: March 19, 2021 What happens when someone else causes an accident while driving your car? Are you liable for the damages caused by this irresponsible driver? Today, and pick up with our second installment in our series on third-party liability: defenses raised by third-party owners. In addition to the usual negligence defenses, owners raise additional arguments to challenge their own liability. Using multi-state case law as real-life...
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They All Did It: Unascertainable and Merged Causes
On Subrogation
In subrogation, we typically deal with torts. Generally, these are based on negligence, which means that the central question is one of causation: we must prove that the Defendant’s actions or failure to act were both the actual and proximate cause of the Plaintiff’s damages. But what if there are not one, but two negligent defendants? That may sound like a great problem to have, but when you can’t prove which defendant’s breach caused the plaintiff’s harm, meeting the causation requirement can get tricky. On this week’s episode, join and as they sort out two...
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Refresh: 3rd Party: Owner & Vicarious Liability
On Subrogation
This week, join us as we revisit our episode on 3rd Party: Owner & Vicarious Liability Original Air Date: March 5, 2021 How do you recover damages if your tort driver is uninsured, underinsured, or otherwise uncollectable? What is the risk to lending your car to your drunk friend? (spoiler: don't do this). In this, our first in a multi-part series on third-party liability, and discuss when and how the owner of a vehicle will be vicariously liable for damages cased by a different driver, by statute, common law, or by negligent entrustment. As a...
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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.
info_outlineThis 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, 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.