On Subrogation

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.