On Subrogation

People love their pets, but sometimes, pets don't love other people.  What happens when your insured is attacked by an animal?  Is the owner liable?  What do you need to prove, and what defenses might you face?  Is there really such a thing as a "one-bite" rule?  Join Rebecca and Steve as they survey several states to discuss some dogs that were not good boys. You can find a list of states and their dog owner liability statutes, or lack thereof, here.  Rathbone Group, LLC does not own, contribute to, nor maintain the alllaw.com site.  You should consult an attorney for legal advice and statutory interpretation.  Feel free to contact us for more information on this or any other topic at [email protected]. Want more information about animal cases?  Check out our next episode, Hold Your Horses: Animals at Large! to be published on March 24, 2020.

What happens when an alarm system doesn't work like it should?  Damages can be high, but are those damages recoverable?  Alarm companies frequently rely on liquidated damages provisions, limitations on liability, anti-subrogation clauses, and other exculpatory clauses to avoid liability.  Do the courts agree?  Join Steve and Rebecca as they discuss whether these claims are recoverable, and what you need to know to figure that out.

Plaintiffs have to be able to prove their cases.  It's true for individual litigants and subrogated carriers, but sometimes, you don't actually own your proof, you don't control it, and that can wreak havoc on your file.  On this episode, Rebecca forces Steve to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.

It’s a noun!  It’s an adjective!  It’s a rule of damages!  It’s a rule of evidence!  The Collateral Source Rule is all of these things and more.  Join Rebecca and Steve as they discuss the two different but related facets of the Collateral Source Rule, and why it is so common in subrogation cases, where subrogated carriers often are the collateral source at issue.

The post Collateral Source Rule: Citation Not Needed appeared first on Rathbone Group, LLC.

You’ve worked your file, filed suit, obtained service, filed your motions, and obtained a judgment.  Now, the defendant wants to get out of that judgment.  Can he do that?  The answer is: sometimes.  Listen in as Rebecca and Steve discuss what happens when a defendant files a Motion for Relief from Judgment, when such a motion will succeed in overcoming your judgment, and what happens next.

For more on the litigation process in subrogation cases, listen to our episodes on In-State, Out-of-State, and International Service of Process, Motions for Default Judgment, and Motions for Summary Judgment.

The post When is a Judgment not a Judgment? appeared first on Rathbone Group, LLC.

What happens when the tortfeasor who caused your damages has some insurance coverage, but not enough?  Just because the tortfeasor doesn’t have enough insurance, doesn’t mean the tortfeasor isn’t liable for the full amount of the damages he caused.  Whether it is state minimum coverage, multiple injured parties, or just a loss that results in a large amount of damages, dealing with this blend of insured and uninsured in the same tortfeasor requires special handling.  Join Rebecca and Steve as they discuss how these circumstances differ from state to state, and what to watch out for if you want to preserve your claim for excess.

Looking for more?  Check out our YouTube Video: Subrogating Underinsured Tortfeasors.

The post Excess Baggage: Dealing with Underinsured Tortfeasors appeared first on Rathbone Group, LLC.

You’ve probably heard this before: “Wait!  You can’t sue for your insured’s medical damages.  She wasn’t wearing a seat belt and that’s against the law!” All but one U.S. state have laws requiring occupants of motor vehicles to wear seat belts, and at least 15 of them recognize the seat belt defense.  In this episode, Rebecca sits down with Michael Markushewski, Chief Technical Officer at ARCCA, to talk about how you can use more than your insured’s statements to respond to this defense, what kinds of seat belts actually provide protection and in what types of collisions, and how this kind of research arose out of helicopter ejection seats and professional hockey players.

Want to see more?  Head to our YouTube channel for a video on Seat Belts and Subro: How Vehicle Restraints Affect Damages.

The post Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages appeared first on Rathbone Group, LLC.

Subrogation is concerned with recovering damages paid by insurance companies for losses, which helps to keep rates down and holds those who cause damage accountable.  But what happens when the insured has damages that weren’t covered by the policy?  Join Kim Rathbone as she sits down with Susan M. Benson, Attorney at Law, to discuss how an insured’s out of pocket damages can impact a subrogation case.

You can also watch the video version of this interview on our YouTube channel, dropping Friday, December 6.

The post Subrogation When Your Insured has Out of Pockets appeared first on Rathbone Group, LLC.

If your expert could ask your adjuster to do a few things to protect your subrogation case, what would they be?  What’s new in the world of appliance cases and water losses related to them?  Join Jason Sullivan as he sits down with Michial Jacob, P.E., Principal Engineer at Veritas Engineering Laboratories to discuss best practices for scene investigations, as well as how developments in appliance manufacturing and design has changed subrogation cases.

Want to see more?  Head to our YouTube channel for a video on Best Practices in Scene Investigation.

The post What’s New, Veritas: Developments in Scene Investigation and Appliance Cases appeared first on Rathbone Group, LLC.

Can you really have a trial without a trial?  With a Motion for Summary Judgment, you can.  But are these motions really the dead-end that law students are often taught they are?  Summary Judgment is a real mechanism that is available under the right circumstances.  Listen to Rebecca and Steve discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.

The post Motions for Summary Judgment appeared first on Rathbone Group, LLC.