Subrogation Notices
On Subrogation
A notice of subrogation is the primary and possibly the most critical action taken at the onset of a claim. This notice can serve to preserve the insurer’s right of subrogation and prevent a tortfeasor from being able to extinguish a subrogation claim with a release of claims signed by the insured. On this week’s podcast, and discuss the importance of subrogation notices, what these notices should contain, and how they can protect an insurer’s subrogation claim.
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Refresh: The eNotary Solution: Notarizing Documents In a Socially-Distanced World
On Subrogation
This week, join us as we revisit our episode on eNotary as a refresher! Original Air Date: September 17, 2021 Much to everyone’s dismay, the hassle and disruption of Covid-19 disrupted almost every aspect of people’s lives worldwide, and the day-to-day handling of files within the subrogation industry was no exception. One task became infinitely harder: notarizing documents. As companies instituted travel bans and limited face-to-face contact to help limit the spread of COVID, our clients asked for help, wondering, “how can we notarize important documents,...
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Attractive Nuisance
On Subrogation
When it comes to vulnerable trespassers, the law recognizes that some dangers are too tempting to ignore. The Attractive Nuisance Doctrine protects children who, because of their youth and lack of judgment, may be drawn to conditions they cannot understand are dangerous. On this week’s episode, join and as they discuss the establishment of this doctrine along with its limitations and how the courts have interpreted and applied this principle. Whether pools of water, machinery, or even construction sites, some dangers are just too tempting to ignore, and the Attractive Nuisance Doctrine...
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Refresh: Contributory Negligence: Recovery is Possible
On Subrogation
This week, join us as we revisit our episode on Contributory Negligence as a refresher! Original Air Date: September 3, 2021 Contributory negligence is a legal standard that bars a plaintiff from recovering damages if they contributed to their injury. As little as 5% negligence can bar an injured party from recovery in some states, while other states choose not to follow the statute as strictly. In contributory negligence jurisdictions, defendants are often quick to provide reasons they should not be held liable for the damages they cause, but recovery is possible. On this...
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Open and Obvious
On Subrogation
Not every hazard leads to liability – especially when the danger is right in front of you. The Open and Obvious doctrine is a defense that can be raised to protect a landowner from liability for a hazardous condition that was “open and obvious” to a reasonable person. While almost all jurisdictions recognize some version of the open and obvious defense, there are nuances from state to state. Listen in to this week’s episode as and discuss this defense, and the counterarguments to it, to make sure that you can successfully recover from a tortfeasor trying to avoid...
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Refresh: Raising the Roof on Roofing Cases
On Subrogation
This week, join us as we revisit our episode on Roofing Cases as a refresher! Original Air Date: August 20, 2021. Most of us are lucky enough to live and work with a roof over our head. But who’s to blame when that roof is damaged or defective? Is it the installer’s responsibility? Or does the accountability come straight from the source at the manufacturer? Is there someone else to consider? It may be all three. From improper installation to storm damage and even intentional acts, roof damage and the resulting liability is complex. On this week’s...
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Serving Corporations
On Subrogation
When it comes to serving lawsuits, the process of providing service is extremely important. But what happens if the party you are serving is not an individual with a home address, but a corporation? Who do you serve, and where? On this week’s episode, join and as they discuss the process of service on corporations, deciphering which states require service to an authorized agent from those that simply allow service on the corporate office, and when a state agent can be a substitute for either one.
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Refresh: The Do’s and Don’ts of Depositions
On Subrogation
This week, join us as we revisit our episode on The Do’s and Don’ts of Depositions. Original Air Date: July 9, 2021. Whether you are testifying in your personal capacity or on behalf of an insurance company, being deposed can be nerve-wracking. Proficient opposing counsel will work to find inconsistencies and prey on weak testimony to discredit a witness, and both sides will judge the witness to evaluate settlement positions. Lack of preparation can mean missing out on resolving the matter before trial, and can harm the case before the jury is even seated. But it doesn’t have...
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Bad Gas
On Subrogation
Fuel contamination can lead to costly damage, but it can also lead to recovery opportunities. What is needed to successfully prove that a claim was caused by contaminated fuel, and that a service station or distributor is liable for damage to your insured’s vehicle? In this episode, and break down the ins and outs of contaminated fuel claims, from identifying responsible parties to navigating coverage and recovery challenges. Join us as we explore real-world cases, key legal considerations and strategies for maximizing recovery when poor-quality fuel leads to subrogation claims.
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Refresh: Daubert & What Makes a Good Expert
On Subrogation
This week, join us as we revisit our episode on Daubert and What Makes a Good Expert! Original Air Date: June 25, 2021. Witnesses can testify based on what they saw and heard or they can be called to the stand with expert knowledge supported by scientific data or specialized training. But expert witnesses must satisfy the court with more than a good resume – they must also show that the methodology they used to draw their conclusions are sound. On this week’s installment, join and as they discuss the evolution of trial court standards for admitting expert testimony, from the...
info_outlineIt’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, Rebecca and Steve 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.