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...
info_outline
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...
info_outline
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.
info_outline
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.
info_outline
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.
info_outline
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...
info_outline
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_outline
Owner Liability for Stolen Vehicles
On Subrogation
It’s a fear or every car owner: your vehicle has been stolen. Now, to make matters worse, it was involved in an accident. As the owner of this vehicle, can you be held responsible for the damages it caused? If you are in a state with a key-in-ignition or similar statute, the answer may be yes. On this week’s episode, and discuss how the Key-in -Ignition statutes vary from state to state, and how even owners in states without such a statute can be liable for damages caused when a thief steals their car.
info_outline
Refresh: Excess Baggage: Dealing with Underinsured Tortfeasors
On Subrogation
This week, join us as we revisit our episode on Underinsured Tortfeasors as a refresher! Original Air Date: December 31 ,2019 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...
info_outline
TikTok’s Kia Boyz and the Viral Rise in Car Thefts
On Subrogation
The so-called “Kia Challenge,” popularized by the “KiaBoyz” on TikTok shot to fame on the media platform and led to hundreds of car thefts nationwide, including several reported crashes and fatalities. The viral videos challenged users to steal the vehicles using a USB charging cable. But why were they focused on these particular cars? Was there something that made these vehicles easier to steal? On this week’s podcast, and discuss the viral videos and the design aspects that caused much disarray in the automotive field. They discuss the class action lawsuit that...
info_outlineThis week, join us as we revisit our episode on the Statute of Frauds for a refresher!
Original Air Date: July 2, 2019.
The Statute of Frauds may sound like a relic of the English Common Law of centuries past, but it is very much alive in the Uniform Commercial Code and state statutes around the country. Understanding the Statute of Frauds and its requirements to put certain agreements in writing can mean the difference between an enforceable payment plan, and an unenforceable promise. Join Rebecca and Steve as they discuss the Statute of Frauds, and the different ways that it has been interpreted from state to state.
The post Statute of Frauds: Why You Should Get Your Payment Plans in Writing appeared first on Rathbone Group, LLC.