On Subrogation

You’ve fought the hard fight and prevailed, securing a judgment. The hard part is in the past, right? Not necessarily. Obtaining recovery against an uninsured or underinsured tortfeasor can be an uphill battle.

In all areas of subrogation, thousands of dollars in unpaid judgments go untouched and sometimes expire. This does not have to be the case. Once you secure a money judgment, you have a right to obtain a recovery, via liens, garnishments, suspensions, and other means. In this week’s installment, join Rebecca and Steve as they help navigate the options to securing your hard earned recovery from a less than cooperative Defendant.

When a liability decision cannot be determined between insurance companies, carriers often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effect and timely way to make a final and binding decision and recuperate a speedy recovery. But is the award always the end? Not necessarily.

On this week’s installment, Rebecca sits down with arbitration attorney, Ana Zgela, to discuss what exactly occurs when there is an error made by the arbitrator or the panel. They discuss how an appeal can be submitted or when a complete refile is necessary, as well as when a post decision inquiry (PDI) is the right way to address errors found in the award.

Electric Utility distribution systems all work as part of a massive infrastructure transporting energy from Generator to End User. Whether installed overhead, underground, or a combination of both, these major structures could cause issue as much as they provide energy.

Fire, injury or even death could be the result of a damaged power line. But who is at fault? On this week’s episode, join Rebecca and Steve as they shed some light on how these utility pole cases differ from state to state, and who should be held responsible in the event of a mishap.

Much to everyone’s dismay, the hassle and disruption of Covid-19 on our everyday lives is still all-too familiar. As it had in almost every aspect of people’s lives worldwide, Covid-19 projected disruptions in the day-to-day handling of files within the subrogation industry. One task became infinitely harder:  notarizing documents.  As companies travel bans and limited face-to-face contact to help limit the spread of COVID, our clients asked for help, wondering, how can we notarize important documents, including releases and affidavits. 

On this week’s installment, Rebecca and Steve discuss the user friendly and cost effective process developed by Rathbone Group that allowed clients to have their documents notarized online without the need of an in person meeting, and how it alleviated the pressure of extending deadlines and delaying settlements for clients nationwide.  

Contributory negligence is a legal standard that bars a plaintiff from recovering damages if they contributed to their injury. As little as 5% negligence can bar an injured party from recovery in some states, while other states choose not to follow the statute as strictly.  In contributory negligence jurisdictions, defendants are often quick to provide reasons they should not be held liable for the damages they cause, but recovery is possible.

On this week’s episode, Rebecca speaks with attorney Adam Wilk, who handles subrogation cases in 3 of the five U.S. jurisdictions that apply a contributory negligence standard (Alabama, Maryland, North Carolina, Virginia, and DC).  Adam explains how factors such as age, cognitive impairment or conduct of the plaintiff and/or defendant can allow an injured party to fight back against a contributory negligence defense to recover damages.

Most of us are lucky enough to live and work with a roof over our head. But who’s to blame when that roof is damaged or defective? Is it the installer’s responsibility? Or does the accountability come straight from the source at the manufacturer?  Is there someone else to consider?  It may be all three.

From improper installation to storm damage and even intentional acts, roof damage and the resulting liability is complex. On this week’s installment, Rebecca and Steve peel back the layers of roofing claims and navigate who is responsible when a roof is defective or contributes to property damage or physical harm. 

Today's episode is a rebroadcast of an episode we originally published on February 26, 2019.  We will be back with new episodes in two weeks.

Is there such a thing as too much coverage?  When more than one policy covers a claim, how can you determine which insurance company should pay what?  Join Rebecca and Steve as they discuss the contribution claims and how various states view the issue of multiple covering policies when complicated by other insurance clauses.

Rumor has it…there are times when the evidence you are seeking to introduce in court does not come from a witness there in court, but by someone who heard something that someone else said. If you are seeking to introduce this evidence to prove the truth of what was heard, then what you have is hearsay.  Contrary to what you may have heard, hearsay isn’t always inadmissible, and sometimes, hearsay isn’t even (technically) hearsay.  As usual, it depends – on whether the speaker is available, when and why they were speaking, and what motivated that statement.

On this week’s installment, Rebecca and Steve navigate the hearsay rule, its exceptions, and the exceptions to those exceptions to provide insight on precisely when out of court statements can be deemed admissible and when a court should refuse to play telephone.

Whether you are testifying in your personal capacity or on behalf of an insurance company, being deposed can be nerve-wracking. Proficient opposing counsel will work to find inconsistencies and prey on weak testimony to discredit a witness, and both sides will judge the witness to evaluate settlement positions. Lack of preparation can mean missing out on resolving the matter before trial, and can harm the case before the jury is even seated.  But it doesn’t have to be that way!

This week, Rebecca welcomes special guest, Mark Demian, for a how-to guide for deponents or witness who are being deposed regarding an insurance claim. Mark provides simple and effective guidelines to encourage successful and effective testimony.

Witnesses can testify based on what they saw and heard or they can be called to the stand with expert knowledge supported by scientific data or specialized training.  But expert witnesses must satisfy the court with more than a good resume – they must also show that the methodology they used to draw their conclusions are sound.

On this week’s installment, join Rebecca and Steve as they discuss the evolution of trial court standards for admitting expert testimony, from the Frye test, to the Daubert standard and beyond, and discuss what you should look for in a good expert witness.