On Subrogation

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.

This week, join us as we revisit our episode on What is Subrogation? for a refresher! Original Air Date: October 30, 2018 Do your friends and family wonder what it is you do all day? Or, is subrogation just a small or new part of your work and you're wondering what you've gotten yourself into? Have you stumbled into this podcast by accident and wonder what it's all about? Well, this is the episode for you! Join Rebecca and Steve as they get into the backstory of subrogation (and some of their own).

The standard calculation of value for property damage is usually either the fair market value before the loss less the fair market value after the loss, OR the cost to repair the property. But what happens when the repairs do not or cannot bring the property back to its pre-loss condition? You, or more specifically, your insured, might have a claim for diminution in value. Listen in to this week's episode as Rebecca and Steve discuss the different types of diminution in value claims, when they can be brought against a carrier or tortfeasor, what standards of proof apply, and how court's calculate those damages. Do cars really lose value just by being involved in car accidents? And why should subrogated carriers and their attorneys care about these claims if they are owned solely by the insured? Listen in to find out.

We are starting something new on our podcast - by looking back at our catalogue and re-releasing our earlier episodes for a refresher on these concepts. Don't worry, every other episode will still be a brand new one, but in between, we'll release these refreshers. This week, we're going all the way back to the very beginning, to our very first episode called, "Comparative v. Contributory Negligence." We hope this helps provide a refresher, and that you'll look forward to our completely new episode in two weeks! Original Airdate: 10/16/2018 How does the type of negligence recognized in your state affect the outcome of your subrogation claim? If you are in a comparative negligence jurisdiction, will your claim be barred, or merely reduced? What even is contributory negligence? Join Rebecca and Steve as they work their way through these different negligence types, and explain how the jurisdiction's treatment of negligence can impact your claim. Click here for the referenced additional information.

Sometimes, your insured's damaged items have no traditional market value at all, but are valuable based on their use: things like records and… power poles? What is the value of destroyed records and damaged power poles, and what is the useful life of an electrical pole, anyhow? We've all wondered that. In today's episode, Steve and Rebecca answer these questions and more as they discuss service value as a measure of damages. From plain old replacement value to complex considerations of depreciation, installation, and average useful life, find out how courts treat these cases arising from the "astonishing number of poles which find themselves in the path of errant vehicles."