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.

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 Rebecca and Steve 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.

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, Rebecca welcomes special guest, Mark Demian, 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.

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, Rebecca and Steve 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.

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 Rebecca and Steve 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.

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 Rebecca and Steve 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.

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 Steve and Rebecca 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.

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 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?