On Subrogation

Have you been looking for a podcast that focuses on insurance subrogation? Of course you have, and here you are! On Subrogation is brought to you by national subrogation law firm, Rathbone Group, LLC, and hosted by experienced litigators, who focus their practice on subrogation. It is the podcast about how to recover your damages from the people who caused them. Topics span litigation, claims, and many more. To ask questions or suggest future topics, e-mail us at podcast@rathbonegroup.com. Special thanks to Ralph DiSylvestro for our intro and outro music!

Refresh: If Cars Could Talk 06/26/2026

Refresh: If Cars Could Talk This week, join us as we revisit our episode on If Cars Could Talk as a refresher! Original Air Date: December 10,2021. Recorded statements, police reports, and even pictures are not always the best sources for learning the whole story about a collision. But what if the cars could talk? Thanks to Event Data Recorders, Advanced Driver Assistance Systems, and Infotainment Systems, they can. These technologies record a lot of data about what happened, and what didn’t happen, at the time of an accident – but can they help your subrogation claim? On this week’s installment, is joined by , Project Engineer at who specializes in motor vehicle accident investigation and reconstruction. Rebecca and Eric dive deep into the importance of this collected data and explain how federal statutes have standardized the information recorded, the difference between data recorders in passenger and commercial vehicles, and just who owns the data, as well as the cost of obtaining it. Listen in to learn how these technologies can benefit your subrogation case. /episode/index/show/rathbonegroup/id/41693790

Distracted Driving 06/12/2026

Distracted Driving Everyone should pay attention while driving, but cell phones, a crying baby in the back seat, checking for loose change, or trying to read a map, all work to shift a driver’s focus away from the road. When distraction is the cause of an accident, how can you prove your subrogation claim against the distracted driver? On this week’s episode, follow and and they discuss different types of distractions that have been the main culprit of an accident and just what evidence can be used when proving your negligence case. /episode/index/show/rathbonegroup/id/41537790

Refresh: Common Fund Doctrine- Sharing the Cost 05/29/2026

Refresh: Common Fund Doctrine- Sharing the Cost This week, join us as we revisit our episode on Common Fund Doctrine as a refresher! Original Air Date: November 21,2021. The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly. Those who will benefit from the common fund of the recovery must share in the cost of obtaining it. Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason. On this week’s installment, is joined by fellow attorney, Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien. /episode/index/show/rathbonegroup/id/41397150

Subpoena-ing Social Media Companies 05/15/2026

Subpoena-ing Social Media Companies Everyone from your parents to your coworkers to local small businesses has some sort of presence on the internet, but can you use social media to locate tortfeasors in your lawsuits? Is social media an easy way to track down your defendants? The answer depends on the jurisdiction, and whether or not the courts there think that the social media company is shielded by the Stored Communications Act. On this week’s episode, and discuss obtaining information from social media companies, and how different jurisdictions apply the Stored Communications Act to social media companies and the information they possess, as well as steps to prepare subpoenas and the information that is required for a successful request /episode/index/show/rathbonegroup/id/41281160

Refresh: Post-Judgment Executions: How to Secure Your Recovery After Judgment 05/01/2026

Refresh: Post-Judgment Executions: How to Secure Your Recovery After Judgment This week, join us as we revisit our episode on Post-Judgment Executions as a refresher! Original Air Date: October 29,2021. You’ve fought the hard fight and prevailed, securing a judgment. The hard part is in the past, right? Not necessarily. Obtaining recovery against an uninsured or underinsured tortfeasor can be an uphill battle. In all areas of subrogation, thousands of dollars in unpaid judgments go untouched and sometimes expire. This does not have to be the case. Once you secure a money judgment, you have a right to obtain a recovery, via liens, garnishments, suspensions, and other means. In this week’s installment, join and as they help navigate the options to securing your hard earned recovery from a less than cooperative Defendant. /episode/index/show/rathbonegroup/id/40993180

Mediation as Therapy for Your Claim 04/17/2026

Mediation as Therapy for Your Claim Mediation is a powerful tool in the subrogation process, offering a strategic opportunity to resolve claims efficiently while minimizing litigation costs. On this week’s episode, sits down with , as he details his career path and how years in the courtroom led to a private mediation firm. Matt explains how a good mediation can benefit both parties over litigation, personally and financially, and why a good mediator, like a good therapist, can lead to a successful outcome. /episode/index/show/rathbonegroup/id/40877075

Refresh: Arbitration Decision: The End… Or Is It? 04/03/2026

Refresh: Arbitration Decision: The End… Or Is It? 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 made by the arbitrator or the panel. They discuss how an appeal can be submitted or when a complete refile is necessary, as well as when a post decision inquiry (PDI) is the right way to address errors found in the award. /episode/index/show/rathbonegroup/id/40634255

Frozen Pipes 03/20/2026

Frozen Pipes 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. /episode/index/show/rathbonegroup/id/40530420

Refresh: Shedding Light on Power Utility Claims 03/06/2026

Refresh: Shedding Light on Power Utility Claims 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 to state, and who should be held responsible in the event of a mishap. /episode/index/show/rathbonegroup/id/40310380

Subrogation Notices 02/20/2026

Subrogation Notices 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. /episode/index/show/rathbonegroup/id/40163695

Refresh: The eNotary Solution: Notarizing Documents In a Socially-Distanced World 02/06/2026

Refresh: The eNotary Solution: Notarizing Documents In a Socially-Distanced World 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, including releases and affidavits?” On this week’s installment, and discuss the user friendly and cost effective process developed by Rathbone Group that still allows clients to have their documents notarized online without the need of an in person meeting, and how it alleviates the pressure of extending deadlines and delaying settlements for clients nationwide. /episode/index/show/rathbonegroup/id/39968850

Attractive Nuisance 01/23/2026

Attractive Nuisance 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 reminds us that careful oversight matters. /episode/index/show/rathbonegroup/id/39749315

Refresh: Contributory Negligence: Recovery is Possible 01/09/2026

Refresh: Contributory Negligence: Recovery is Possible 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 week’s episode, speaks with attorney , who handles subrogation cases in 3 of the five U.S. jurisdictions that apply a contributory negligence standard (Alabama, Maryland, North Carolina, Virginia, and DC). Adam explains how factors such as age, cognitive impairment or conduct of the plaintiff and/or defendant can allow an injured party to fight back against a contributory negligence defense to recover damages. /episode/index/show/rathbonegroup/id/39648280

Open and Obvious 12/26/2025

Open and Obvious 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 liability for your subrogation claim. Join us in understanding how some hazards are just too obvious to ignore. /episode/index/show/rathbonegroup/id/39510850

Refresh: Raising the Roof on Roofing Cases 12/12/2025

Refresh: Raising the Roof on Roofing Cases 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 installment, and peel back the layers of roofing claims and navigate who is responsible when a roof is defective or contributes to property damage or physical harm. /episode/index/show/rathbonegroup/id/39257540

Serving Corporations 11/28/2025

Serving Corporations 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. /episode/index/show/rathbonegroup/id/39164700

Refresh: The Do’s and Don’ts of Depositions 11/14/2025

Refresh: The Do’s and Don’ts of Depositions 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 to be that way! This week, welcomes special guest, , for a how-to guide for deponents or witness who are being deposed regarding an insurance claim. Mark provides simple and effective guidelines to encourage successful and effective testimony. /episode/index/show/rathbonegroup/id/38926800

Bad Gas 10/31/2025

Bad Gas 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. /episode/index/show/rathbonegroup/id/38849655

Refresh: Daubert & What Makes a Good Expert 10/17/2025

Refresh: Daubert & What Makes a Good Expert 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 Frye test, to the Daubert standard and beyond, and discuss what you should look for in a good expert witness. /episode/index/show/rathbonegroup/id/38512585

Is Your Case Sharp Enough to Pierce the Corporate Veil? 10/03/2025

Is Your Case Sharp Enough to Pierce the Corporate Veil? 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 owners. The standards are very high, but if there is enough proof, and your facts are egregious, you may be able to get through a corporate fraud and recovery from the owners’ assets. /episode/index/show/rathbonegroup/id/38090415

Refresh: The (Made) Whole Truth 09/19/2025

Refresh: The (Made) Whole Truth 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 you through several states’ application of the doctrine, from those that require a legal determination that the insured has been made whole before any subrogation recovery, to those that parse out the doctrine based on damage types, to those that reject it entirely. /episode/index/show/rathbonegroup/id/38220955

The Changing Rules of Nevada Work Comp Subro 09/05/2025

The Changing Rules of Nevada Work Comp Subro 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 subrogation claims now? /episode/index/show/rathbonegroup/id/38090355

Refresh: Anti-Subrogation Rule 08/22/2025

Refresh: Anti-Subrogation Rule 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 cause of serious injuries or death? Does their insurance company have a right to subrogate to recover those amounts from their insured? In this installment in our series, follow and as they navigate the anti-subrogation rule and explain why insurance carriers cannot typically subrogate against their own insureds, and when such actions may be permitted. /episode/index/show/rathbonegroup/id/37815945

Adoptive Business Records 08/08/2025

Adoptive Business Records 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 become an influential part of a case, and how to determine if your records have the requisite indicia of trustworthiness. /episode/index/show/rathbonegroup/id/37633985

Refresh: Did You Say Hearsay? 07/25/2025

Refresh: Did You Say Hearsay? 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 the speaker is available, when and why they were speaking, and what motivated that statement. On this week’s installment, and navigate the hearsay rule, its exceptions, and the exceptions to those exceptions to provide insight on precisely when out of court statements can be deemed admissible and when a court should refuse to play telephone. /episode/index/show/rathbonegroup/id/37374730

The Other Side of MCS-90: Recovery from Insureds 07/11/2025

The Other Side of MCS-90: Recovery from Insureds 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, and explore the interesting avenues for recovery when an MCS-90 endorsement results in payment outside of a policy, and how this endorsement allows for recovery from your insured. /episode/index/show/rathbonegroup/id/37260295

Refresh: MCS 90 06/27/2025

Refresh: MCS 90 This week, join us as we revisit our episode on MCS-90 for a refresher! Original Air Date: July 30, 2019. Big trucks require big coverage – at least according to the Motor Carrier Act of 1980. To make sure that coverage protects the public in accidents involving these big trucks, the Act requires that coverage to include an MCS-90 endorsement. What is the MCS-90 endorsement, and what does it mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle? Join and as they discuss the MCS-90 endorsement, and how knowing what it says can help you in your negotiations of trucking cases. You can find more information on the Financial Responsibility Requirements for large or hazardous vehicles on the website, and the . /episode/index/show/rathbonegroup/id/36082360

Lost Profits 06/13/2025

Lost Profits Subrogation damages, like most civil lawsuits, are a matter of proof. You need evidence to prove that you and your insured suffered the losses you are claiming. So what happens when those losses are not for damaged property or medical bills, but for lost profits? Can you ask the court to look into the future to pay for sales your insured would have made, but for the incident at issue? On this week’s episode, and explore real scenarios to guide listeners through the legal standards that shape these complex claims and break down the core elements behind successful lost profit recovery cases. Whether the insured business is a long-term established entity, or a brand new storefront, you may be able to successfully recover lost profits, as long as you have receipts. /episode/index/show/rathbonegroup/id/36969595

Refresh: Third Party: Government Entities 05/30/2025

Refresh: Third Party: Government Entities This week, join us as we revisit our episode on Third Party: Government Entities as a refresher! Original Air Date: May14, 2021 Federal and State Governments are powerful entities. But are they so powerful that they can never be sued for damages? In this installment in our series on third party liability, join and as they explain why sovereign immunity can be a liability for your case if your third party is a government entity. The special forums for these claims, the special rules, time limits, and notice requirements that apply, and whether the entity can be sued for subrogation at all depend on which state or political subdivision is at fault. So buckle up and take notes for your next cross country claim. /episode/index/show/rathbonegroup/id/36082235

Road Rage 05/16/2025

Road Rage Most automobile subrogation cases are the result of negligence, but when the tortfeasor’s driving was reckless or intentional, we sometimes call it Road Rage. Though a road rage incident may seem like an easy case, it often proves to be quite complex, calling into question whether the opposing insurance carrier can deny coverage, potential assumption of risk, or even if an employer could be held responsible for an employee’s rageful driving. In this week’s episode, and explore what really happens when road rage turns into a legal battle and break down real legal concepts with insight into how the law handles anger on the asphalt. /episode/index/show/rathbonegroup/id/36082165

On Subrogation

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