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, Rebecca sits down with arbitration attorney, Ana Zgela, 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.

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 Rebecca and Steve 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.

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 Rebecca and Steve 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.

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, Rebecca and Steve discuss the importance of subrogation notices, what these notices should contain, and how they can protect an insurer's subrogation claim.

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, Rebecca and Steve 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.

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 Rebecca and Steve 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.

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, Rebecca speaks with attorney Adam Wilk, 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.

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 Rebecca and Steve 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.

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, Rebecca and Steve 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.