Subro on the Go

The viability of a subrogation case will vary depending on the loss location and the facts. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each of the States have varying rules that impact subrogation potential, including statutes of limitations, comparative fault, and requirements for pursuing products claims. It therefore becomes critical to know the state specific rules as you evaluate the recovery prospects of a loss. In this latest episode of our State Specific Series, regular co-hosts Joe Rich and David Brisco are joined by Louisiana subrogation attorney Jake Skaggs to discuss the unique history of the legal system in Louisiana and to discuss common losses, the “new” Statute of Limitations, comparative fault rules and some insights into pursuing products liability claims. As we will be doing throughout this series, we will also test our attorneys’ knowledge of Louisiana by weaving in state specific trivia.

Subrogation professionals who handle losses in multiple states know that the viability of a subrogation case will vary depending on the loss location. The facts of a particular incident may have subrogation potential in one state, but not in another, as each state has varying rules that impact subrogation potential, including statutes of repose, comparative fault, and malfunction theory. As a result, it is imperative that a subrogation professional understands the state specific rules in which the loss occurred. In this first episode of our State Specific Series, regular co-hosts Joe Rich and David Brisco are joined by Utah subrogation attorneys Kris Cherevas and Phil Carroll to discuss common losses that occur in Utah as well as the unique Utah laws as it pertains to evaluating subrogation potential. We will also test our attorneys’ knowledge of The Beehive State by weaving in state specific trivia.

Happy New Year to all of our fellow subrogation friends! Many of us use the start of the New Year to create personal New Year’s Resolutions. These resolutions are not limited to our personal lives. In this episode of Subro on the Go, regular co-hosts David Brisco and Joe Rich are joined by subrogation attorneys Dana Meyers and Michael O’Donnell to discuss Subrogation New Year’s Resolutions. The team discusses organizational tips for your subrogation caseload, how to prioritize certain in-litigation cases, how to get traction on cases that you were unable to resolve the prior year, and much more. We hope that these tips helps you to accomplish all of your New Year goals.

It’s that time of the year again! As the MLB World Series is underway, subrogation professionals are also gearing up for their own playoff run to reach their year-end goals, getting ready for end of the year mediations and looking to resolve those lingering pre-litigation cases with outstanding demands. In this episode, co-hosts Joe Rich (Miami) and David Brisco (San Diego) are joined by Howard Maycon (LA) and Cheri MacArthur (Denver) to discuss ways to maximize your chances of recoveries in the 4th quarter. The panel discusses ways to expedite settlements achieved at mediation, create triggers for getting paid on time, and thinking ahead about logistical issues and avoiding common payment hurdles to speed up the recovery process. The panel also explores advanced planning that may be needed when dealing with settlements involving foreign manufacturers and public entities. Good luck and happy hunting to all recovery professionals as we close out the year.

What is the day to day practice of subrogation going to look like in 5-6 years, or better yet, 5-6 months? Artificial Intelligence (AI) is hitting the world by storm, with all industries working to determine the role AI will play. For the subrogation industry, technology has played an ever-increasing role over the last decade. Remote communication applications, predictive analytics and bots running tasks have been used in the subrogation industry for some time. And like the introduction of those tools, language model AI applications have the potential to assist subrogators of all levels. In this episode, co-hosts, David Brisco and Joe Rich, discuss the potential AI has for the subrogation industry as well as the pros and cons of embracing these tools in everyday pursuit of recoveries.

In the first quarter of 2023, the Florida Legislature made three major changes to the Statute of Limitations for negligence claims, comparative fault rules in negligence cases, and the Statute of Repose for improvements to real property. In this episode, David Brisco (San Diego) interviews his regular co-host, Joe Rich (Miami), and the Chair of the Firm’s Southeast Subrogation Region, Joshua Goodman (Miami), about these changes and the practical implications for subrogation professionals and their recovery partners. Of significance, the new rules shorten the statute of limitations and statute of repose time periods, making this a must listen for all subrogation professionals with cases in Florida who are looking to protect their subrogation claims.

Subrogation involving horses? Yes, this is a real thing. In this episode, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami), are joined by their partner, Suzanne Radcliff (Dallas), who provides an overview of this niche area of subrogation to listeners. In addition to some bad horse jokes from the co-hosts, Suzanne, who is a former competitive Equestrian with both personal and professional experience in the area of equine law, outlines for listeners some of the challenges and issues a recovery professional will have to navigate when looking into recovery opportunities in this area. Suzanne shares her thoughts on investigations, working with experts and the unique damages issues when pursuing these types of recovery claims. Saddle up for another great podcast!

Do not let your subro claim blow up in your face! Subro professionals who have handled large explosion fires know firsthand that large explosion cases are complex, with significant hurdles to fully process. In this episode of Subro on the Go, regular co-hosts Joe Rich and David Brisco are joined by their colleague Jake Skaggs, an experienced litigator of subrogation explosion cases. Skaggs provides key insights into the unique process of investigating large industrial explosion cases, including the types of experts needed, the requisite investigation philosophy, the early intelligence that must be gathered, and the role of subrogation counsel in managing these complex scenes.

Whether it is a turkey fryer that causes an unexpected cooking fire, or mishaps with trees and decorations that make the holidays literally go up in smoke, holiday related losses are common for subrogation professionals this time of year. So while it is the season to be joyful and hum along with the Beach Boys’ Little Saint Nick, it is also the season for unusual loss scenarios that require creative approaches. In this episode of Subro on the Go, regular co-hosts Joe Rich and David Brisco are joined by their colleague Dana Meyers to discuss holiday loss scenarios and ways to evaluate recovery potential or avoid investing in nonviable claims. Happy Holidays from Cozen O’Connor and NSS.

In our current episode, co-host, Joe Rich, speaks with some of our Canadian Litigators about the differences in pursuing subrogation claims in Canada versus the U.S. Joe is joined by Pamela Pengelley, Office Managing Counsel of our Firm’s Toronto Office, and David Huard, Office Managing Counsel for our Quebec Office, to discuss topics such as how subrogation rights arise in Canadian property losses, who controls the recovery effort, made whole issues, the pace of litigation, and some key differences among Canadian Provinces. Pamela and David have extensive experience handling subrogation claims in various Canadian Provinces and their discussion with Joe provides a great overview of the unique aspects of subrogating in Canada.