On Subrogation

In spite of what Hollywood would have us believe, spontaneous combustion is not magic – it's chemistry. Spontaneous combustion is the outbreak of fire without application of heat from an external source. The good news is that because these types of fire often occur when combustible matter is stored improperly, the resulting damages can often be recovered via subrogation. The bad news is that due to the time that can elapse between when the negligent action occurs and when the fire turns from a smolder to a blaze, it can be difficult to find the rooted cause or liable party.

On this week's episode, Steve and Rebecca engage in a heated discussion of spontaneous combustion: from the importance of getting your experts on scene as quickly as possible, to the evidence you may have overlooked, when it looks like your evidence has been consumed. From oily rags to piles of hay and even brewing grains, find out how to salvage your claims from these random fires before they go up in smoke.

It's a conundrum: drivers with driving records earning nicknames like "Crash" are the ones from whom the public need coverage the most, yet a bad driving record can make securing that coverage seem impossible. Enter the SR-22, a certificate of insurability that acts like a motor vehicle collision bond in some states, quasi-insurance in others, and which does not even exist in the rest.

On this week's installment, Rebecca and Steve discuss when an SR-22 acts like insurance, where it goes by the name FR-44, and how payment under an SR-22 can entitle an insurer to recover against its own insured. Spoiler: in these subrogation claims, the issue is one of contract, not tort.

Whether a slow drip or a sudden household flood, water can be a surprisingly damaging source of property damage. Factors such as product or material defects, negligent installation, frozen pipes, or roofing flaws are just come of the culprits that can cause major damage to a home. But who remains responsible when these unfortunate occurrences overflow?

This week, Rebecca and Steve dive deep into cases of water damage and discuss exactly who remains responsible in each circumstance. Listen in and soak up this information so you're not drowning in questions when water wreaks havoc.

Just because a debtor files for bankruptcy does not mean all is lost. It simply means that the parties must maintain the status quo while the bankruptcy proceeding navigates its way through the Court. There are certain things a debtor must do, and if he or she fails to meet these obligations, or if the underlying claim is itself non-dischargeable, then your subrogated claim may still be pursuable. So what happens if the bankruptcy is dismissed? And which subrogated claims are non-dischargeable?

This week, Rebecca is joined by special guest, RG Partner Adam Wilk, to discuss when and how a bankruptcy discharge is denied, and exactly what that means for the holder of the subrogation claim.

Sometimes a tortfeasor's biggest issue isn't your subrogation claim, it's that his actions were more than negligent…they were criminal. If a criminal has already been convicted of the crime that caused your damages, recovery should be a simple next step, right? Not necessarily.

On this week's installment, Rebecca and Steve discuss restitution, which forces a convicted person to repay money damages caused by criminal acts. Restitution enforcement laws vary from state to state and recovery may not come as easily as one would expect. Listen in to learn how an insurer can seek restitution and recover damages ordered via restitution.

It's an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before or during the suit to recover damages. Though this situation can prove to be frustrating, the claim lives on even if the tortfeasor does not.

On this week's installment, Rebecca and Steve discuss options that the plaintiff has in filing suit against a deceased tortfeasor, and how to handle the legal proceedings if the defendant dies mid-suit. Steps and state requirements are discussed which allow one to bring suit against the estate, family member or another involved party to recover damages owed. Learn how to confirm that the tortfeasor is deceased, how to locate an estate, and how and whether to file a claim in the estate.

Today's episode is a rebroadcast of an episode we originally published on January 1, 2019.  We will be back with new episodes in two weeks.

You may not be your brother's keeper, but what about your child's?  Parents are responsible for their children's well-being, of course, but are they legally liable  for damages those children cause?  Join Rebecca and Steve as they discuss the rule of sevens, the family purpose doctrine, sponsorship statutes, damages caps, and other issues affecting parental liability across the country.

Recorded statements, police reports, and even pictures are not always the best sources for learning the whole story about a collision.  But what if the cars could talk?  Thanks to Event Data Recorders, Advanced Driver Assistance Systems, and Infotainment Systems, they can.  These technologies record a lot of data about what happened, and what didn’t happen, at the time of an accident – but can they help your subrogation claim?

On this week’s installment, Rebecca is joined by Eric McDowell, Project Engineer at Impact Analysis, Inc. who specializes in motor vehicle accident investigation and reconstruction. Rebecca and Eric dive deep into the importance of this collected data and explain how federal statutes have standardized the information recorded, the difference between data recorders in passenger and commercial vehicles, and just who owns the data, as well as the cost of obtaining it.  Listen in to learn how these technologies  can benefit your subrogation case.

With Covid-19 still an all-too familiar disruption to our normal day, virtual appearances have become the new normal when conducting hearings, , depositions, mediations, and even trials.  In some jurisdictions, it looks like these methods are here to stay, so understanding how to best handle these virtual appearances is necessary, and failing to do so has real, and sometimes, ethical consequences.

On this week’s installment, Rebecca and Steve share some positive and negative experiences from their own virtual appearances, and you’ll hear from fellow attorneys Mark Demian and Jessica Lobes, as we all learn to navigate the new and virtual way of conducting their craft.

The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly.  Those who will benefit from the common fund of the recovery must share in the cost of obtaining it.  Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason. 

On this week’s installment, Rebecca is joined by fellow attorney, Jason Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien.