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.
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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.
info_outlineTime, 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 right. This time limit is based on when work was completed, or when a product was sold, not when the loss occurred.
On this week’s episode, join Rebecca and Steve as they dive deep into this crucial, yet often misunderstood, aspect of legal limitations. When does a statute of repose bar recovery on a subrogation claim? How is it fair that the time limit to file the claim could run before the insured could even have known the claim exists? It turns out, the limit does exist, and the clock may have already started ticking.