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 [email protected]. Special thanks to Ralph DiSylvestro for our intro and outro music!
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Refresh: When Animals Attack! Dog Bites
07/26/2024
Refresh: When Animals Attack! Dog Bites
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 lack thereof, . Rathbone Group, LLC does not own, contribute to, nor maintain the alllaw.com site. You should consult an attorney for legal advice and statutory interpretation. Feel free to contact us for more information on this or any other topic at .
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Right to Repair/ Right to Cure
07/12/2024
Right to Repair/ Right to Cure
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 does. On this week’s episode, and discuss the notice requirements, opportunity to inspect, and the tortfeasor’s right to settle or repair a defect, and when your insured may be required to continue to work with a contractor, even after everything has gone wrong.
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Refresh: Say Cheese: What Happens When You Don’t Control Your Proof
06/28/2024
Refresh: Say Cheese: What Happens When You Don’t Control Your Proof
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.
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Digital License Plates
06/14/2024
Digital License Plates
The latest connected item in the internet of things is license plates. While only available for purchase in four states, they are legal to drive with in all 50 states and allow drivers to customize their plate along with ease the registration process. Digitizing all aspects of life typically seems enticing, but do these digital license plates call personal privacy into question? From the pros of more easily recovering stolen vehicles, to concerns about tracking movements, join and on this week’s episode as they navigate this new technology.
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Refresh: Collateral Source Rule: Citation Not Needed
05/31/2024
Refresh: Collateral Source Rule: Citation Not Needed
This week, join us as we revisit our episode on The Collateral Source Rule as a refresher! Original Air Date: January 28, 2020 It’s a noun! It’s an adjective! It’s a rule of damages! It’s a rule of evidence! The Collateral Source Rule is all of these things and more. Join and as they discuss the two different but related facets of the Collateral Source Rule, and why it is so common in subrogation cases, where subrogated carriers often are the collateral source at issue.
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Is There Really a Last Clear Chance?
05/17/2024
Is There Really a Last Clear Chance?
Arguments about who had the “last clear chance” get thrown around a lot in the auto subrogation world, but Last Clear Chance is a legal term of art that limits the harshness of contributory negligence rules. Whether your jurisdiction refers to it as the Doctrine of Discovered Peril, the Doctrine of Supervening Negligence, or even the Humanitarian Doctrine, the effect is the same: a Defendant cannot shield himself with contributory negligence if he had the opportunity to avoid the harm to the plaintiff. On this week’s episode, and take some time to explain the elements required to successfully invoke the Last Clear Chance Doctrine. Join us to discover how and where this doctrine will allow you to recover on your claim in a contributory negligence state, and when this argument doesn’t stand a chance.
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Refresh: Relief from Judgment- When a Judgment is not a Judgment
05/03/2024
Refresh: Relief from Judgment- When a Judgment is not a Judgment
This week, join us as we revisit our episode on vacating judgments as a refresher! Original Air Date: January 14, 2020 You’ve worked your file, filed suit, obtained service, filed your motions, and obtained a judgment. Now, the defendant wants to get out of that judgment. Can he do that? The answer is: sometimes. Listen in as and discuss what happens when a defendant files a Motion for Relief from Judgment, when such a motion will succeed in overcoming your judgment, and what happens next. For more on the litigation process in subrogation cases, listen to our episodes on , , and Service of Process, , and Motions for Summary Judgment.
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Owner Liability for Stolen Vehicles
04/19/2024
Owner Liability for Stolen Vehicles
It’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, and 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.
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Refresh: Excess Baggage: Dealing with Underinsured Tortfeasors
04/05/2024
Refresh: Excess Baggage: Dealing with Underinsured Tortfeasors
This week, join us as we revisit our episode on Underinsured Tortfeasors as a refresher! Original Air Date: December 31 ,2019 What happens when the tortfeasor who caused your damages has some insurance coverage, but not enough? Just because the tortfeasor doesn’t have enough insurance, doesn’t mean the tortfeasor isn’t liable for the full amount of the damages he caused. Whether it is state minimum coverage, multiple injured parties, or just a loss that results in a large amount of damages, dealing with this blend of insured and uninsured in the same tortfeasor requires special handling. Join and as they discuss how these circumstances differ from state to state, and what to watch out for if you want to preserve your claim for excess.
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TikTok’s Kia Boyz and the Viral Rise in Car Thefts
03/22/2024
TikTok’s Kia Boyz and the Viral Rise in Car Thefts
The so-called “Kia Challenge,” popularized by the “KiaBoyz” on TikTok shot to fame on the media platform and led to hundreds of car thefts nationwide, including several reported crashes and fatalities. The viral videos challenged users to steal the vehicles using a USB charging cable. But why were they focused on these particular cars? Was there something that made these vehicles easier to steal? On this week’s podcast, and discuss the viral videos and the design aspects that caused much disarray in the automotive field. They discuss the class action lawsuit that called out this problem, the fixes required by the settlement, and what you should consider if one of these thefts comes across your desk.
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Refresh: Motions for Summary Judgment
03/08/2024
Refresh: Motions for Summary Judgment
This week, join us as we revisit our episode on Motions for Summary Judgment as a refresher! Original Air Date: November 5,2019. Can you really have a trial without a trial? With a Motion for Summary Judgment, you can. But are these motions really the dead-end that law students are often taught they are? Summary Judgment is a real mechanism that is available under the right circumstances. Listen to and discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.
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Gree Dehumidifier Guilty Plea
02/23/2024
Gree Dehumidifier Guilty Plea
Products liability cases typically live in civil court, but that all changed in 2023 when the Department of Justice brought its first ever criminal enforcement action under the Consumer Product Safety Act against Gree USA and its CEO and Chief Administrative Officer. The company’s guilty plea was years in the making after Gree USA willfully and repeatedly failed to report serious safety concerns to the Consumer Product Safety Commission (CPSC), leading to the Commission’s first ever corporate criminal enforcement action. On this week’s episode, and will guide you through the tumultuous, decade long saga that shows how corporate avoidance of a major product defect can result not just in subrogation and personal injury actions, but in multi-million dollar fines and reparations.
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Refresh: Motions for Default Judgment
02/09/2024
Refresh: Motions for Default Judgment
This week, join us as we revisit our episode on Motions for Default Judgment as a refresher! Original Air Date: October 22,2019 Motions for Default Judgment seem simple enough – if the Defendant doesn’t answer, you get a judgment. But as with so many things, the devil is in the details. Listen as and get into these details, from what proof can be required to the time limits involved, to when and why a hearing may be needed. The post appeared first on .
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Dashcam Videos: The Reliable Witness?
01/26/2024
Dashcam Videos: The Reliable Witness?
With the ever-evolving world of technology, devices of all kinds are becoming cheaper and easier to access than ever. To the auto industry, dashcams have become easily accessible and more attainable than ever. But does the video always tell the whole story? And can you even obtain the video for your case? On this week’s episode, is joined by special guest, Daran P. Kiefer, Partner at to discuss what a difference the dashcam footage can make in investigating losses, and just how strong a hold the information can have on an investigation.
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Refresh: Service of Process: International Defendants (Hague Convention)
01/12/2024
Refresh: Service of Process: International Defendants (Hague Convention)
This week, join us as we revisit our episode on Service of Process: International Defendants as a refresher! Original Air Date: September 24, 2019 In this, the third exciting installment of our suite on Service of Process, and discuss the proper processes for effectuating service on Defendants located outside of the country where suit is being filed. Listen in as the explain how the Hague Convention streamlines the process, what options you have besides the methods specified in that document, and what to do if the country where the Defendant resides is not a signatory to it. For an up-to-date list of signatory states to the Hague Convention, including which methods of service they accept, visit the . You can find the State Department’s recommendations on international service, including contact information for foreign plaintiffs serving process on US entities, at their website, . Check our episodes on and Service for more information on this important part of the litigation process. The post appeared first on .
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Ice Missiles: Liability for Ice and Snow Flying Off of Vehicles
12/29/2023
Ice Missiles: Liability for Ice and Snow Flying Off of Vehicles
Snow. It can be such a beautiful and peaceful thing. That is, however, until you’re traveling on a highway and a sheet of ice and snow flies off of a passing vehicle and into your car. If these ice missiles caused any damage, who is responsible? On this week’s episode, and give us the cold, hard facts about snow flying off of vehicles and what happens if this causes property damage. Is there a duty to clean snow and ice off of your roof before beginning your trip? Do truck drivers have an increased responsibility? Tune in for the icy truth!
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Refresh: Service of Process: Out-of-State
12/15/2023
Refresh: Service of Process: Out-of-State
This week, join us as we revisit our episode on Service of Process: Out-of-State a refresher! Original Air Date: September 10, 2019 In this, our second installment on service of process, and discuss the difference between subject matter and personal jurisdiction, and how a court can have personal jurisdiction over a defendant that lives out of state. In the second half of the episode, learn how some of the special rules that apply to certain subrogation matters can actually make service of process on out of state defendants easier than serving defendants in the same state as the lawsuit. Check our episodes on and Service for more information on this important part of the litigation process
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Proving Liability in an Online Marketplace: Part 2
12/01/2023
Proving Liability in an Online Marketplace: Part 2
When purchasing a product, you expect it to work, especially when you are purchasing from a retailer as massive as Amazon. If a product you purchased online causes injuries, you have the right to hold the parties involved in the chain of distribution liable. This includes Amazon even if it was only “fulfilled by Amazon.” In this episode, and discuss the continued evolution of the liability of online retailers. We also encourage you to listen to our 2019 episode, , which was refreshed as our previous episode, in which Steve and Rebecca discuss the history of these arguments. We encourage you to listen to that first episode to familiarize yourself with the arguments and how these decisions are changing over time. We have no doubt that they will continue to change.
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Refresh: Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company
11/17/2023
Refresh: Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company
This week, join us as we revisit our episode on Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company as a refresher! Original Air Date: October 8, 2019 Can an online marketplace be liable for damages caused by a third-party vendor’s product? The answer is, maybe. Join and as they discuss the recent court decisions that are calling into question Amazon’s immunity from liability for damages caused by products they sell on their site, and what these cases mean for the future of products liability cases in the world of online retailers. You can read the courts’ opinions here: , 2019 WL 2896326 (6th Cir. No. 18-5661, 2019) ., 2019 WL 2849153 (3rd Cir. No. 18-1041, 2019) (Note that on August 23, 2019, the Third Circuit Court of Appeals granted a petition for rehearing. The Court vacated this July 3, 2019 Opinion, and will rehear the matter at a later date. We will release an update once the Third Circuit enters a new opinion.)
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Aw, Rats! Are Soy-Based Wire Coatings a Defect in Cars?
11/03/2023
Aw, Rats! Are Soy-Based Wire Coatings a Defect in Cars?
This is the second installment in our suite on Known Defects and Mass Torts. Last month, we discussed the Ford Pinto cases from the 1970’s. Today, we are back in present day with another allegation of automobile defects: are auto manufacturers’ laudable efforts to go green causing damages to those cars? Specifically, are the newer soy-based wire coatings and other plant-based coatings particularly enticing to rodents? Join and as they discuss the cases that are currently being litigated around these issues, and how the Magnuson Moss Warranty Act can provide additional avenues for plaintiffs to recover in cases like these.
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Refresh: SCRA: Legal Protections for Military Personnel
10/20/2023
Refresh: SCRA: Legal Protections for Military Personnel
This week, join us as we revisit our episode on Servicemembers Civil Relief Act a refresher! Original Air Date: June 18, 2019 The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers and Sailors Civil Relief Act, are a set of laws that allow military personnel and servicemembers to focus on defending our nation, instead of worrying about financial issues and legal actions. The SCRA’s important protections come into play in any legal proceeding involving active duty military personnel, and include additional requirements to assist in protecting them. Join and as they discuss this important legislation, and what you need to know to comply with it in your subrogation actions. If you are an attorney and would like to donate your legal services to assist servicemembers, veterans, or their families, you can find information on the ABA Military Pro Bono Project, Operation Standby, ABA Home Front, and the Veterans’ Claims Assistance Network . If you are a servicemember with questions about the Act, please refer to the excellent page on the Department of Justice’s website. From the Department of Justice, if you have additional questions or feel that your rights under the SCRA have been violated, contact the near you. If you are in an emergency situation (such as an imminent foreclosure, eviction or repossession), you can contact Civil Rights Division’s Housing and Civil Enforcement Section: (202) 514-4713 TTY – 202-305-1882 U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue N.W. Housing and Civil Enforcement Section, NWB Washington, D.C. 20530 Email: [email protected] Thank you for your service
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You're not Alone - Known Defects and Mass Torts: Ford Pinto Case
10/06/2023
You're not Alone - Known Defects and Mass Torts: Ford Pinto Case
When purchasing a new car, customers trust that manufacturers prioritize safety. Unfortunately for many, other priorities created a recipe for disaster when Ford developed the Ford Pinto. Not only was this car unable to withstand a crash exceeding a mere 5 mph, but as plaintiffs successfully argued, Ford blatantly ignored safety concerns with simple fixes in order to rush the Pinto to market. On this week’s episode, join and as they delve into one of the most notorious products liability issues in American manufacturing, uncovering the safety disaster that was the Ford Pinto and how such a massive distributor prioritized profits over public safety.
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Refresh: Service of Process: In State
09/22/2023
Refresh: Service of Process: In State
This week, join us as we revisit our episode on In-State Service of Process for a refresher! Original Air Date: August 27, 2019 What if you had a lawsuit and nobody showed up? Each State has rules governing the service of process in civil suits filed in their courts. Join and as they discuss how these rules differ depending on who you are serving, and why this process is so important. Make sure to subscribe to this podcast so that you can be notified of our future episode on Service of Process on Out-of-State defendants, too.
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Are You a Robot? Subro Legal Drafting in an AI Era
09/08/2023
Are You a Robot? Subro Legal Drafting in an AI Era
Large language models like GPT4 and the super-realistic chat bots that use them have been in the news lately, both for their benefits in making our interaction with websites easier, and in the ethical traps that have ensnared those who use them, including at least one lawyer. Without a doubt, many industries, including the legal and insurance industries, are turning to these tools to improve the way their businesses run. But are these new AI tools reliable? From issues of confidentiality, to upholding the duty of candor to the tribunal, to the very real bias and factual-sounding “hallucinations” of ChatGPT and its ilk, it is important to proceed with caution. On this week’s episode, and ask ChatGPT to discuss the ethical use of these tools in the legal industry, and respond with real-world warnings and cautionary tales to help you understand what these AI tools can and cannot do.
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Refresh: MCS- 90
08/25/2023
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 , and the .
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Car Wash Cases: Not a Wash
08/11/2023
Car Wash Cases: Not a Wash
The owner of a car wash has a duty to provide reasonable care and make their property safe for customers and their vehicles. This means providing detailed instructions for patrons, properly training employees to answer any potential questions, following safety guidelines and regularly repairing and updating car wash equipment. But what happens when a vehicle is damaged during the washing process? How can a customer prove a car wash owner’s negligence? At what point is the owner of the vehicle responsible for their damage? On this week’s episode, and air out any questions that may arise when negligence is questionable and a car comes out of the wash with more than just an extra wax coat.
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Refresh: Carmack Amendment
07/28/2023
Refresh: Carmack Amendment
This week, join us as we revisit our episode on Carmack Amendment for a refresher! Original Air Date: July 16, 2019. What rights does a customer have when a shipping company fails to deliver a shipment timely, the shipment arrives damaged, or it does not arrive at all? What are the limitations on claims such as these? Join and as they discuss the Carmack Amendment, and how it attempts to address the issue of interstate shipping damages consistently across the country.
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Don’t Fear the Phantom Vehicle
07/14/2023
Don’t Fear the Phantom Vehicle
Everyone has heard of a hit and run accident, but what about a miss and run? Occasionally, a defendant will present a case that an accident was not caused by him, but rather by a mystery vehicle that never actually made contact with the involved vehicles, but rather caused the defendant to hit another vehicle and then flee the scene. With no information available regarding this vehicle other than the defendant’s word, is a phantom vehicle spooky enough to scare away your recovery? On this week’s episode, and discuss the question of proof and whether an alleged vanished vehicle could hold the majority of liability in a loss. Does a phantom vehicle equal a sudden emergency? Does it absolve the Defendant of liability? Don’t bypass this episode and miss (and run) out.
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Refresh: Sudden Emergency
06/30/2023
Refresh: Sudden Emergency
This week, join us as we revisit our episode on Sudden Emergency for a refresher! Original Air Date: May 21, 2019. Is Sudden Emergency a “get out of liability free” card? It can be, but it depends on the circumstances and on who is making the decision. Join and as they discuss what constitutes a sudden emergency, what happens when a defendant claims one, and why so many states have rejected the defense entirely. You can find more information about why UPS trucks avoid left-hand turns by clicking .
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CDL- Heightened Standard of Care?
06/16/2023
CDL- Heightened Standard of Care?
Is there a heightened standard of care for drivers holding a CDL? The answer, as it so often is, depends on the state. Join us this week as and navigate the standard of care that is expected of commercial truck drivers and whether or not these drivers are expected to have superior knowledge, special knowledge, professional skill, or whether we just expect them to act as reasonable persons. Are CDL manuals or Federal Motor Carrier Safety Administration guidelines admissible evidence of the standard of care? Listen in to find out.
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