Refresh: Arbitration Decision: The End… Or Is It?
On Subrogation
This week, join us as we revisit our episode on Arbitration and Post Decision Inquiries as a refresher! Original Air Date: October 15, 2021. When a liability decision cannot be determined between insurance companies, carries often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effective and timely way to make a final and binding decision and recuperate a speedy recovery. But is the award always the end? Not necessarily. On this week's installment, sits down with arbitration attorney, , to discuss what exactly occurs when there is an error...
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Frozen Pipes
On Subrogation
When winter temperatures drop, frozen pipes can lead to costly water damage – and complex recovery efforts. So when the pipe bursts, who is responsible for the cold cleanup? On this week’s episode, join and as they explore the subrogation side of frozen pipe claims, including common causes, potential liable parties and key evidence insurers and recovery professionals should look for.
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Refresh: Shedding Light on Power Utility Claims
On Subrogation
This week, join us as we revisit our episode on Power Utility Claims as a refresher! Original Air Date: October 1, 2021. Electric Utility distribution systems all work as part of a massive infrastructure transporting energy from Generator to End User. Whether installed overhead, underground, or a combination of both, these major structures could cause issue as much as they provide energy. Fire, injury or even death could be the result of a damaged power line. But who is at fault? On this week’s episode, join and as they shed some light on how these utility pole cases differ from state...
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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.
info_outlineWorkers 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 Rebecca and Steve 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 subrogation claims now?