On Subrogation

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.

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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."

Sometimes, proving property damages is easy: you look at the fair market value of comparable items before and after the loss, do some simple math, and you have your amount. Sometimes, however, your damaged property is unique, or its value is determined not by the components that make up the item, but by what happens to it. How will the courts determine the fair measure of damages in those cases? In this episode, Rebecca and Steve discuss how to calculate damages by way of a subject they never thought would come up on this subrogation podcast: the assassination of a U.S. President. What is the intrinsic value of items associated with that dark day? Can you even look to the "fair market value" of the rifle that was used in that crime? What is the value of Oswald's personal effects? Join us as we go beyond replacement cost, depreciation, and purchase price to consider the effect of value to the owner and how to calculate the intrinsic value of Lee Harvey Oswald's own items.

Proving damages is often a simple formula: cost of repair, fair market value before and after the loss, etc. But what if the damaged item is super premium, or what if it is part of collection? What happens when you try to prove damage to high value collections?

Join Rebecca and Steve as they venture into the world of antiques, collections, and classic cars to answer the question of how to prove these types of damages (and what isn't enough). From coverage questions to the issue of proof, when is your insured an expert on his own belongings, and when is his testimony mere speculation? Find out how courts across the country handle these fact-specific cases.

We've all received recall notices in one way or another - through the mail, online, even via text message. But what happens when there is a recall notice related to your subrogation case? Can you use a recall notice to prove your products liability case?

It depends... listen in as Rebecca and Steve discuss when recall notices can help your case, hurt your case, or when they just won't come in at all. From overcoming evidentiary issues of subsequent remedial measures, to saving time and money by employing a recall notice to prove a defect, and even how the defense can use them to prove assumption of risk and contributory negligence, recall notices can and do have a real effect on subrogation claims.

One of the benefits of pursuing subrogation recovery through arbitration is the parties' agreement to pay the resulting awards expediently, thereby reducing cycle times. As ideal as this timeframe sounds, things do not always go as planned. In this episode Ana Zgela, our Associate head of the RG Arbitration Team, joins Rebecca again to talk about how to enforce an arbitration award when the opposing carrier doesn't pay. We discuss the requirements for enforcing awards from Arbitration Forums, NAMIC, as well as state arbitration forums like the Kentucky Insurance Arbitration Association (KIAA).

To hear more of Ana's wealth of knowledge on arbitration and its processes, listen back on our previous episode, Arbitration Decision: The End... or is it?, from October 15, 2021, to learn more about the arbitration procedures and the steps to take in the event of an error.

As former US District Judge, Leonard Davis, stated in his book, Anatomy of Cross-Examination, "A trial … is a reconstruction of the past about which two sides differ dramatically." But what happens when one side is a lie? Although an attorney's job is to protect their client, it is also their responsibility to ensure that witnesses called to testify is not influenced to give false testimony under oath.

On this week's installment, Rebecca and Steve Alsip discuss the ramifications of lying in court. According to the ethical rules both state and federal, attorneys have a responsibility to prevent false testimony, sometimes even requiring that attorney-client privilege be breached. Witnesses should not take their oath to tell the truth lightly, either. There are many severe repercussions to perjury and suborning perjury. Listen in to learn what to do when someone in your case is lying, and avoid becoming an April Fool the next time you're in court.