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...
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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!
info_outlineIn 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 does.
On this week’s episode, Rebecca and Steve discuss the notice requirements, opportunity to inspect, and the tortfeasor’s right to settle or repair a defect, and when your insured may be required to continue to work with a contractor, even after everything has gone wrong.