On Subrogation

On this special live episode, Rebecca Wright talks with certified fire investigators Scott Bennett of Fire and Explosion Consultants (FEC), and Bumper Moylan of S-E-A, Ltd., about how to spot a “remodeling fire.”  Hint: check the fridge!

Look for more information about Scott Bennett, the 2017/2018 IAAI President, and the other experts at Fire and Explosion Consultants (FEC) here.

Look for more information about Bumper Moylan and the other experts at S-E-A, Ltd. here.

This episode was recorded live at the NASP Annual Conference in November 2018.

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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!

Hosts: Rebecca Wright and Steve Alsip

Edited by Nathan Reisman Audio

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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.

Hosts: Rebecca Wright and Steven Alsip

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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 responsible 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.

Want to see more?  Watch our YouTube videos on Parental Liability and the Family Car Doctrine.

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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.

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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.

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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.

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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).

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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.

Click here for the referenced additional information.

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