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...
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Is Your Case Sharp Enough to Pierce the Corporate Veil?
On Subrogation
Corporations are recognized as legal entities and separate from their shareholders, officers and directors. Does that mean that a corporate owner can never be held liable for the company’s wrongdoing? Of course not! “Piercing the corporate veil,” refers to the exception to this principle, where courts disregard this separateness and hold an owner responsible for the corporation’s actions as if it were their own. On this week’s podcast, join and as they explore the circumstances in which you can ask the court to ignore the corporate entity, and reach the assets of the...
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Refresh: The (Made) Whole Truth
On Subrogation
This week, join us as we revisit our episode on the Made Whole Doctrine for a refresher! Original Air Date: May 28, 2021. The Made Whole Doctrine protects an insured’s right to recovery before recovery is collected by its insurer. But what if the tortfeasor does not have enough insurance to cover the loss? Is the insured entitled to recovery for pain and suffering? And the ultimate question, when is the insured considered fully compensated for the loss? Being “made whole” varies even in those states that do apply the Made Whole Doctrine. Listen as and lead...
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The Changing Rules of Nevada Work Comp Subro
On Subrogation
Workers Compensation is a very state specific thing, and recently, we have heard a lot of excited talk about work comp subrogation in Nevada. That’s because the Nevada Supreme Court changed the long-standing common law rules establishing the system for calculating the amount an insurer could recover on a workers compensation claim in a decision handed down in 2024. Listen in as and walk through the rules as they developed in the common law over 38 years, then suddenly changed in 2024, and the legislature’s response in 2025, to answer the question: where do Nevada work comp...
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Refresh: Anti-Subrogation Rule
On Subrogation
This week, join us as we revisit our episode on the Anti-Subrogation Rule for a refresher! Original Air Date: June 11, 2021. The idea that an insurance company cannot subrogate against its own insureds seems like common sense, but is this a hard-and-fast rule? What happens when an insurance company tries to seek reimbursement for medical expenses paid to their insured when they also insure the tortfeasor who caused those injuries? What if that insured seeks her own recovery against the tortfeasor for the same medical expenses? What if an insured’s intentional act was the...
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Adoptive Business Records
On Subrogation
Sometimes, the best evidence to support your subrogation case are records that were created by another company. Will a court permit these records to be introduced, or are they destined to be barred by the hearsay rule? Thankfully, the Business Records Doctrine allows a company to enter records previously created by an outside entity into evidence to prove their case. On this week’s episode, and discuss what is required to properly introduce these records and how much they can influence a case. Whether invoices, emails or reports from others, find out how these records can...
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Refresh: Did You Say Hearsay?
On Subrogation
This week, join us as we revisit our episode on Hearsay for a refresher! Original Air Date: July 23, 2021. Rumor has it…there are times when the evidence you are seeking to introduce in court does not come from a witness there in court, but by someone who heard something that someone else said. If you are seeking to introduce this evidence to prove the truth of what was heard, then what you have is hearsay. Contrary to what you may have heard, hearsay isn’t always inadmissible, and sometimes, hearsay isn’t even (technically) hearsay. As usual, it depends – on whether...
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The Other Side of MCS-90: Recovery from Insureds
On Subrogation
The MCS-90 endorsement is a federally mandated provision that essentially transforms an insurance policy into a tool to protect the public. While often misunderstood, this endorsement isn’t about shielding the policy holder, but rather ensuring victims are compensated, even when coverage technically doesn’t apply. If the endorsement requires an insurer to pay for damages that wouldn’t have been covered, however, they are not totally without options. Instead, they are placed in the unusual position of having a claim against their own insured. On this week’s episode, ...
info_outlineSometimes, the best evidence to support your subrogation case are records that were created by another company. Will a court permit these records to be introduced, or are they destined to be barred by the hearsay rule? Thankfully, the Business Records Doctrine allows a company to enter records previously created by an outside entity into evidence to prove their case.
On this week’s episode, Rebecca and Steve discuss what is required to properly introduce these records and how much they can influence a case. Whether invoices, emails or reports from others, find out how these records can become an influential part of a case, and how to determine if your records have the requisite indicia of trustworthiness.