On Subrogation

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, Rebecca forces Steve 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.

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 Rebecca and Steve on this week's episode as they navigate this new technology.

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 Rebecca and Steve 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.

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, Rebecca and Steve 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.

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 Rebecca and Steve 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 In-State, Out-of-State, and International Service of Process, Motions for Default Judgment, and Motions for Summary Judgment.

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, Rebecca and Steve 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.

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 Rebecca and Steve 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.

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, Rebecca and Steve 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.

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 Rebecca and Steve discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.

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, Rebecca and Steve 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.

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 Steve and Rebecca 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 Motions for Default Judgment appeared first on Rathbone Group, LLC.

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, Rebecca is joined by special guest, Daran P. Kiefer, Partner at Kreiner & Peters Co. L.P.A 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.

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, Steve and Rebecca 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 World Organisation for Cross-border Co-operation in Civil and Commercial Matters (HCCH). 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, here. Check our episodes on In-State and Out-of-State Service for more information on this important part of the litigation process. The post Service of Process: International Defendants (Hague Convention) appeared first on Rathbone Group, LLC.

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, Rebecca and Steve 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!

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, Rebecca and Steve 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 In-State and International Service for more information on this important part of the litigation process

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, Rebecca Wright and Steve Alsip discuss the continued evolution of the liability of online retailers. We also encourage you to listen to our 2019 episode, Liability and the Online Marketplace, 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.

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 Rebecca and Steve 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: Fox v. Amazon.com Inc., 2019 WL 2896326 (6th Cir. No. 18-5661, 2019) Oberdorf v. Amazon.com Inc., 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.)

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 Steve and Rebecca 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.

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 Steve and Rebecca 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 here. If you are a servicemember with questions about the Act, please refer to the excellent SCRA Questions and Answers for Servicemembers 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 Armed Forces Legal Assistance Program office 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

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 Rebecca and Steve 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.

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 Steve and Rebecca 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.

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, Rebecca and Steve 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.

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 Rebecca and Steve 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 Federal Motor Carrier Safety Administration's website, and the Form MCS-90 Endorsement here.

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, Steve and Rebecca 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.

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 Rebecca and Steve as they discuss the Carmack Amendment, and how it attempts to address the issue of interstate shipping damages consistently across the country.

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, Rebecca and Steve 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.

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 Rebecca and Steve 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 here.

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 Rebecca and Steve 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.

This week, join us as we revisit our episode on the Statute of Frauds for a refresher! Original Air Date: July 2, 2019. The Statute of Frauds may sound like a relic of the English Common Law of centuries past, but it is very much alive in the Uniform Commercial Code and state statutes around the country. Understanding the Statute of Frauds and its requirements to put certain agreements in writing can mean the difference between an enforceable payment plan, and an unenforceable promise. Join Rebecca and Steve as they discuss the Statute of Frauds, and the different ways that it has been interpreted from state to state. The post Statute of Frauds: Why You Should Get Your Payment Plans in Writing appeared first on Rathbone Group, LLC.

In our modern world, nearly every aspect of life relies on some type of manufactured good. While these goods normally improve our standard of living, whether it be by making things easier or just more enjoyable, an unknown defect can potentially result in property damage or physical harm. Who is responsible for the damages caused by goods in their original packaging? There may be several liable parties throughout the chain of distribution, but some sellers are more "innocent" than others. Join us this week as Rebecca and Steve discuss the Sealed Container Defense and whether your local state protects the consumer or the manufacturer in the case of a liability claim.

This week, join us as we revisit our episode on Spoliation for a refresher! Original Air Date: June 4, 2019. Spoliation is, at its core, evidence tampering. No, we're not dealing with shady backroom threats on a witness' life, but the results of the destruction of evidence can be nonetheless devastating to a party's case, even when it happens by accident. Join Steve and Rebecca as they discuss spoliation, why you shouldn't commit it, how to avoid negligent spoliation, and the myriad and sometimes harsh penalties handed down by courts when spoliation does occur.

Metadata, is not the contents of an electronic file, but information about that file. It's data about data, and nearly every electronic document, photo, recording, or file has it. This information can be created automatically by a computer or user or be inferred through a relationship with another document, and the owner may not even know it's there. Can metadata be disclosing more information to the opposing party than you intend? The short answer is yes, and that is why it is so important to understand metadata. On this week's podcast, Rebecca and Steve discuss lawsuits and ethics opinions from around the country regarding the disclosure of client and file information that was hidden in metadata. Is it ethical for an opposing party to utilize metadata? Does this encrypted information violate confidentiality? The information is virtual, but the risk is real.

This week, join us as we revisit our episode on Bailment for a refresher! Original Air Date: April 9, 2019. Have you ever lent property to a friend? Ever park your car in a parking garage? Ever asked someone to hold onto something for you as a favor? What if something goes wrong? Who is liable if your property ends up damaged, or stolen? Join Steve and Rebecca as they discuss the shifting burdens and other ways...

That little "Maintenance Required" light on the dashboard - it's something everyone dreads. Even worse, what if maintenance was completed as required, but not completed properly? Maintenance reminders and having them completed at a reputable shop can make or break your position in an accident. On this week's podcast, Rebecca and Steve discuss what happens when an accident occurs as a result of negligent maintenance. Owners are required to properly maintain their vehicles, but how can you prove that an owner was negligent in failing to perform routine maintenance? What happens if it's the mechanic's fault for shoddily performing that work? Whether passenger vehicles or heavy trucks, listen in to discover how to identify responsible parties and recover on claims for negligent maintenance.

This week, join us as we revisit our episode on Statutes of Limitations for a refresher! Original Air Date: March 26, 2019. When is it too late to file a lawsuit for your damages? There's a stat for that! The details, however, depend on a number of factors. Join Rebecca and Steve as they discuss statutes of limitations and how the jurisdiction, type of claim, specific circumstances of the loss, and even whether or not arbitration applies can affect the timing in which you must bring your claim. Make sure you aren't late for this very important date!

In our last episode, we discussed the terrifying cases involving objects thrown from trucks into vehicles. Now, what happens if the debris that strikes and damages the insured vehicle was already on the roadway? On this week's episode, Rebecca and Steve discuss the consequences of striking debris in the roadway and causing damage to an innocent party. From trucks kicking up rocks to road construction sites, learn about the potentially liable parties and what is needed to prove the claim. Is res ipsa loquitor enough?

This week, join us as we revisit our episode on No Fault/PIP for a refresher! Original Air Date: March 12, 2019. What does it mean to be in a No Fault state? Does it really mean no one is at fault? Join Rebecca and Steve as they dive into this often misunderstood area, where no fault doesn't mean without fault, damages may not be damages, and being a "PIP squeak" is problematic.

Ever drive behind a truck hauling huge logs and worry that they are not well-secured? , Failure to Secure Claims might trigger some of those deep-rooted fears. These loads do come loose, and they do cause damage. So what really happens when gravel or even larger cargo comes flying off of a truck? Is it true that objects thrown from these trucks are not their responsibility? On this week's episode, Rebecca and Steve delve into federal regulations for securing cargo as well as the violations a company can incur while driving through different states, because Subrogation recovery can be the final destination for these claims.

Refresh: Res Ipsa Loquitor This week, join us as we revisit our episode on Res Ipsa Loquitor for a refresher! Original Air Date: February 12, 2019 Do you have a case in which you just KNOW the other party caused the damage, but you just can't prove it? Can't you just use res ipsa loquitur? The answer is, it's not that simple. Join Rebecca and Steve as they explain the requirements of asserting this legal doctrine, what it really means to assert it, and how the courts react to it. For a thing that speaks for itself, this doctrine isn't so easy.

When one party does something that benefits another, they expect to be paid. But what happens when the recipient refuses to pay? If there's no contract between them, are they stuck? Not if the plaintiff can prove the defendant was unjustly enriched. The law applies this concept to create fairness, and requires the recipient to pay restitution for the benefit it received. On this week's podcast, Rebecca and Steve navigate the principle of Unjust Enrichment and explain how it applies in different states.

This week, join us as we revisit our episode on Economic Loss Doctrine for a refresher! Original Air Date: January 29, 2019. What is the value of a faulty product? If a faulty product causes damages to itself, can those damages be recovered? Yes… maybe. Join Rebecca and Steve as the guide you through the history and current trends regarding the Economic Loss Doctrine to find out!

Adverse carriers are on the other side of your claim, but they do not need to be a fight. On this week's episode, Rebecca is joined by Rathbone Group Partner, Jessica Lobes, to discuss her tactics and strategies when negotiating with adverse carriers. Jessica opens a line of communication that often allows a claim to be settled pre-suit, which is beneficial to all parties involved. Jessica sees negotiations with an adverse carrier as an opportunity to build a line of respectable communication towards settlement rather than a standpoint of opposition. Jessica's tactics allow for a positive experience and successful negotiations.

This week, join us as we revisit our episode on Criminal Acts in Subrogation Files for a refresher! Original Air Date: January 15, 2019 A lot of subrogation files deal with negligence, but what about those files where the tortfeasor did something on purpose? And what if she got caught? In this episode, Rebecca and Steve discuss the issues that arise when your subrogation file deals with a criminal act. Do you need a guardian ad litem? Can the tortfeasor plead the 5th in your civil case? From serving incarcerated tortfeasors and insureds to recovering on restitution orders, you'll know what to expect when you have a criminal act in your file.

Settlement negotiations are often informal affairs – phone calls, conversations on the courthouse steps, even text messages can kick off negotiations that amicably end litigation. But what happens if one party makes an offer they feel is more reasonable and the other party stubbornly refuses to accept it? In some states, and in federal court, there is a mechanism for that. Whether your claim's jurisdiction calls them Offers of Judgment, Offers of Settlement, and Qualified Offers, listen in as Rebecca and Steve discuss what is required for them and when these statutes turn formal settlement offers into an offer you can't refuse.

This week, join us as we revisit our episode on Releases for a refresher! Original Airdate: December 18, 2018 You fought long and hard to reach a favorable settlement but now you are done. Just sign this release and… wait a second, what does it say? Why is it so long? What exactly are you agreeing to, anyhow? Join Rebecca and Steve as they walk you through the often long and winding road of settlement releases, and find out what language they have trouble letting go of in these important documents. For more on Releases, watch our YouTube video on Subrogation Releases here.

A warranty is a statement by a seller, regarding the quality or character of goods sold. Whether express or implied, these representations can be enforceable to recover on your subrogation claim when something goes wrong, but unlike a standard subrogation tort claim, the warranty claim is a matter of contract. What happens when a warranty is breached? On this week's installment, Rebecca and Steve dive deep into the promise of a product or service and what steps can be taken when that promise is broken. From express warranties to warranties of fitness and merchantability, disclaimers, and damage limitations, find out what factors can provide additional avenues for recovery.

This week, join us as we revisit our episode on Protecting the Claim File for a refresher! Original Airdate: December 4, 2018 Do you have to turn over your client's entire claim file in the discovery process? NO! Or at least, usually not. Join Rebecca and Steve as they discuss what can and cannot be protected via privilege, what probably has to go, and what you may want to disclose from the claim file to reach the best result in your subrogation case.

When a you receive a random, unexpected payment for half of your subrogation claim, you might think, "hooray! Now I only have to recover the remaining half. That was easy!" But beware - if that payment has limiting language like, "payment in full" or there is a letter along with it, you may be in trouble. When can these surprise payments count as a settlement? And why do settlements count as settlements, anyhow? The answer is the doctrine of accord and satisfaction. Listen in as Rebecca and Steve talk about what is really required for a claim of accord and satisfaction, when you can accept the payment, and why a settlement settles the claim.

This week, join us as we revisit our episode on Tree Falling for a refresher! Original Air Date: November 13, 2018 If a tree falls across a property line, and no one is around to hear it, is anyone liable? Someone is, but to determine who, you have to do some detective work and know about the laws in that state. Join Steve and Rebecca as they see the forest, the trees, and help you see the potential subrogation recoveries for tree falling cases.

What do a teenager stealing a van, a granddaughter transferring money out of her grandmother's account, and a home builder who failed to complete a custom home in time have in common? They were all sued for conversion. But what is conversion, anyway? In this episode, Rebecca and Steve discuss this specific type of tort, and the elements you need to plead and prove to succeed on a claim of conversion. From misunderstandings to breaches of contract to outright theft, find out how to recover if your subrogation claim is based on this tricky little tort.