On Subrogation

Lawsuits can often take years to conclude, and as life goes on, sometimes it could come to the inevitable end for people involved in the case. But what happens if a deceased individual could bring value to a case? Can testimony about their communications be presented to the court from beyond the grave?

On this week's installment, join Rebecca and Steve as they explore this quirky, and sometimes frustrating, rule about how a witnesses' passing could derail a case and just how to navigate the challenge of death in a subrogation case.

This week, join us as we revisit our episode on Third Party: Employer Liability as a refresher!

Original Air Date: April 16, 2021

A tortfeasor goes on a donut run driving the company car and causes an accident with your insured. Can the insured - or her insurance company - also recover damages from the company? The answer is, "it depends."

Rebecca and Steve return to explain the factors that turn an employee's actions from a frolic into a detour, a single liable tortfeasor into a viable claim against the employer, via the doctrine of respondeat superior. What is within the course and scope of employment, when is an errand a frolic instead of a detour, and how can you prove this person was an employee in the first place? Listen to learn the tools you need to determine whether or not an employer has exposure when their employees cause damage both inside and outside the workplace.

When property owners fail to maintain their buildings or equipment, the damage can be costly, and even dangerous. Once you have identified that negligent maintenance was the cause of your insured's claim, you often run into the added hurdle of maintenance agreements that seem to shift the responsibility between various potential tortfeasors. What does this mean for your subrogation rights?

On this week's podcast, join Rebecca and Steve as they discuss the nuances of negligent maintenance and how it applies in property claims. From structure fires to faulty HVAC systems, discover the elements necessary to prove these claims and recover damages and whether subrogation rights can be waived if damages were caused by gross negligence.

This week, join us as we revisit our episode on Negligent Maintenance in Auto Claims as a refresher, then join us for our next new episode, Negligent Maintenance in Property Claims!

Original Air Date: March 24,2023

That little "Maintenance Required" light on the dashboard - it's something everyone dreads. Even worse, what if maintenance was completed as required, but not completed properly? Maintenance reminders and having them completed at a reputable shop can make or break your position in an accident.

On this week's podcast, Rebecca and Steve discuss what happens when an accident occurs as a result of negligent maintenance. Owners are required to properly maintain their vehicles, but how can you prove that an owner was negligent in failing to perform routine maintenance? What happens if it's the mechanic's fault for shoddily performing that work? Whether passenger vehicles or heavy trucks, listen in to discover how to identify responsible parties and recover on claims for negligent maintenance.

Gifts may be nice in your personal life, but in the world of subrogation a voluntary payment can turn an insurer into an "officious intermeddler," without a right to recovery. What makes a payment voluntary, and who is responsible for proving it?

On this week's episode, join Rebecca and Steve as they discuss contract language, what the parties knew and when they knew it, and when issues of public policy come into play to make sure that your good claim handling does not turn into an unrecoverable gift.

This week, join us as we revisit our episode on evaluating your claims throughout the investigation process as a refresher!

Original Air Date: April 2,2021

As that great American philosopher, Kenny Rogers, once sang,

"You got to know when to hold 'em, know when to fold 'em"

But how do you know when to walk away? Join Rebecca and Steve as they walk through the process of evaluating a claim that looked great on intake, to tease out whether or not it was a good bet as a subrogation case for the client. From determining the filing jurisdiction, to identifying claims and challenges, learn the steps to take to evaluate the cards you were dealt.

In our previous episode, we refreshed our 2021 episode on service by social media. As predicted in that episode, adoption of these types of service has spread. Over the years, American's engagement in online activities have grown and they will continue to grow for years to come. So, if we are trying to make defendants aware of a pending lawsuit, what better place to look for them than the internet?

On this week's episode, join Rebecca and Steve as they explain the innovations made to the online service process and discuss how, under the right circumstances, requests to use a defendant's social media account as an alternative means of effectuating service of process will be granted by U.S. courts

Service of process just joined the digital age, in two jurisdictions, anyway. Alaska, in 2019, and now Texas, in 2021, officially allow litigants to serve summons' via social mail, e-mail, and other electronic means. Just like everything else on the internet, though, these new service rules are not as simple as they seem. Listen as Rebecca and Steve discuss the requirements for social media or electronic service, pitfalls to avoid, and how you can use these tools to serve your subrogation defendants online.

Want to see more? Check out our YouTube video on Service by Social Media. For more on Service of Process, you can listen to our podcast episodes on serving In-State Defendants, Out-of-State Defendants, and International Defendants.

How does Texas balance efficiency with fairness in its courts? For one thing, it has implemented an expedited system for court cases, including subrogation cases, seeking monetary relief of less than $250k. Another interesting method is its 2-week trial docket, employed by the larger Texas counties. These rules do mean that cases don't languish as they can in other jurisdictions, but they also create their own challenges for practicing in the Lonestar State.

On this week's episode, Rebecca and Steve are joined by fellow partner, Jessica Lobes, as they discuss attorney strategies and tips for navigating these fast paced proceedings. Join us as we discuss best practices to set your Texas subrogation case up for success.

This week, join us as we revisit our episode on Service Contract Limit Liability as a refresher!

Original Air Date: February 25, 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.