Our Subrogation Blog

You have a product liability subrogation claim on your desk, and with a little research, you find there is a recall notice for the defective product that resulted in your insured’s damages. Can it help your case? Hurt it? In this episode of On Subrogation, RG partner and insurance attorney, Steven Alsip, discusses how you […]

As a national subrogation law firm, we know better than most that subrogation is misunderstood. Even though the subrogation process happens behind the scenes, it is important to understand how it works and why it matters. However, its complexity and the not-so-kind public view of insurance carriers have kept even industry professionals in the dark, […]

In the following episode of On Subrogation: Spoliation, Rathbone Group attorney Jason Sullivan discusses what to do when the other party in a subrogation case destroys or hides evidence. How do you win a subrogation case if you can’t properly argue it? As Jason describes, if you have the right strategy and the right knowledge […]

Subrogation is a niche field of law. Not just niche in the way that the public doesn’t understand it, but so niche that most legal professionals don’t, either. This is because subrogation is specific to the insurance industry. While the details of any subrogation claim are complex and nuanced, the general subrogation process is pretty […]

What happens in a subrogation claim that only involves damage to a product? Can you pursue the manufacturer for tortious negligence, or are you limited to warranties and contracts? In this episode of On Subrogation: Economic Loss Doctrine, Rathbone Group attorney Jason Sullivan explains the Economic Loss Doctrine and why the jurisdiction in which a […]

A subrogation claim resulting from an automotive accident comes across your desk. It is clear the tortfeasor has liability – they literally ran the insured off the road, got out of their car, and physically assaulted them. Slam dunk case, right? Actually, no; not at all. More often than not, road rage ruins viable subrogation […]

The efficacy of subrogation efforts are a factor every company considers in balancing risks. Maximizing subrogation recovery in every possible case is key to minimizing claims losses and maintaining the quality, reasonably priced policies that keep insurance affordable and ensure that a carrier remains competitive. There’s a lot of nuance in the legal realm of […]

Not all states handle auto insurance the same way, which means motor vehicle subrogation across states is anything but standard. Massachusetts’s takes its own approach to how PIP subrogation pursuit is handled, and it directly affects the insurer’s right of subrogation, as well as right of from whom they have the right to recover. In […]

What do you do when it’s your word against a dead man’s? This is a real problem faced by subrogation attorneys everywhere as lengthy litigation processes leave time for plaintiffs and defendants alike to shuffle off this mortal coil. But what if you needed that person’s testimony as evidence in your subrogation case? Or what […]

As every insurance professional and subrogation attorney knows, different subrogation laws between states can complicate claims. Even processes so straightforward as signing an affidavit might not be the same in every state. Case in point – New York, which adds another layer to sworn statements; the Affidavit of Conformity. This article is a companion piece […]

This article is a companion piece to this video In this episode of On Subrogation: Guidelines for Depositions, Rathbone Group subrogation attorney Mark Demian discusses 13 best practices for being deposed. Many people are nervous when notified they are being deposed. And it is a serious matter, but it is also not an interrogation. Preparedness […]

This article is a companion piece to this video In this episode of On Subrogation: Attorney Fee Shifting, Rathbone Group’s Jason Sullivan discusses attorneys’ fees in the context of your subrogation claims, and times when there may be a legal reason to shift those fees. In the US, the general rule of thumb is that, […]

This article is a companion piece to this video In this episode of On Subrogation: Concurrent Coverage Redux, RG subrogation attorney Jason Sullivan revisits the concept of contribution between carriers using a real-life case example from his portfolio. How important is policy language in a dual coverage subrogation claim? Extremely. To illustrate the nature of […]

This article is a companion piece to this video What happens when an exclusion in your commercial auto policy looks like it will prevent recovery of subrogation damages? In this episode of On Subrogation: MCS-90 Federal Motor Carrier Act of 1980, Rathbone Group attorney and experienced subrogation litigator Jason Sullivan discusses how this legislation plays […]

People don’t often think about the legal field as a high-tech environment, but that is beginning to change. New applications of smart technology and AI can benefit all parties in a subrogation case at every turn. More effective management of insurance claims, from initial incident to final subrogation agreement, helps carriers maximize recovery on every […]

The playing field of subrogation is always changing, and that means new laws and statutes for the insurance industry require us to pivot strategies! Florida recently passed House Bill 837, which will affect how PIP subrogation recovery is handled. Specifically, there are important changes to statutes of limitations, comparative fault, and commercial right to recovery. […]

Subrogation attorneys are seeing more property damage claims from natural disasters than ever before – a trend that will not slow down any time soon. Climate change isn’t just about warming; the damage to our environment throws everything else off – winds, currents, atmospheric CO2 – which is why we’re seeing extended hurricane seasons across […]

In the larger picture of society, insurance is spoken of from a consumer perspective. Something horrible happens, say, an auto accident. The insured submits a claim to their carrier. It gets paid out simply and quickly. All for an affordable premium. But where do those losses go? How does a carrier continue to provide that […]

Subrogation allows an insurer who has paid out a claim to their insured to then pursue the responsible party for those transferred losses. It serves as a control mechanism that holds bad actors accountable while protecting carrier viability, which discourages people from engaging in tortious behavior and allows insurers to continue to offer competitive premiums. […]

This article is a companion piece to this video If your insured’s house burns down and that expensive alarm system they put in to lower their premiums fails, does the alarm company carry any liability exposure? In the above episode of On Subrogation: Emergency Response – Alarm Company Liability, RG attorney Jason Sullivan discusses viable subrogation […]

Subrogation is not a well-known legal realm; many people outside of the insurance industry may never have even encountered the word “subrogation”. But subrogation actually plays an integral role not just within the insurance industry, but in everyday life. Still, it can be difficult to find resources that discuss subrogation topics in accessible ways, which […]

Consider you are a witness to an emergency situation and you make the decision to help the injured party. Despite your good intentions, things go poorly and you contribute to their injuries/damages, which they then sue you for, citing negligence. Can you be held liable if you were just trying to help? On the other […]

This article is a companion piece to this video What happens when bad fuel purchase by your insured causes damage to their vehicle, requiring you to pay for the repairs and then later pursue those damages via subrogation? In the above episode of On Subrogation: Subrogation of Bad Fuel Claims, insurance attorney Jason Sullivan explains how […]

This article is a companion piece to this video What happens when an auto body shop holds your insured’s vehicle hostage, claiming storage and tow fees have not been paid? And what if those claimed storage fees are extravagant and unreasonable? In the above episode of On Subrogation: Body Shop Storage & Tow Fees, subrogation attorney Jason […]

This article is a companion piece to this video Supply chain disruptions are an ever-present risk that cause complications and financial catastrophes at every turn. Even short disruptions in key raw materials or products can have lasting ripple effects. So, what happens when the delay of delivery on a product causes an insurance claim to cost way […]

This article is a companion piece to this video What happens when heavy equipment gets damaged in the course of a rental contract? Who is on the hook for the damages caused? This is a common dilemma encountered in the legal realm of subrogation, but like most things in this field of insurance law, there […]

This article is a companion piece to this video When possession but not ownership of property is transferred from one party to another and later returns damaged, what is the recourse? Rathbone Group subrogation lawyer Jason Sullivan discusses the three types of bailment, how they apply to insurance lawsuits, and how the nature of a […]

This article is a companion piece to this video What happens when a vehicle is being transported from one place to another and arrives to its destination damaged? Who is liable? Can you subrogate automotive claims such as these? Subrogation lawyer and Rathbone Group partner Jason Sullivan explains the complex nature of vehicle transportation claims […]

This article is a companion piece to this video In this episode of On Subrogation: Subrogation Against Errors and Omissions Policies, Rathbone Group attorney Jason Sullivan discusses these contingency liability policies and the opportunities they may present for subrogation recovery in cases of underinsured or uninsured carriers/motorists. Misadventures in Insurance: Pursuing Subrogation Recovery from Someone […]

This article is a companion piece to this video In this episode of On Subrogation: Utility Claims, RG subrogation attorney Steve Alsip talks utility claims. What makes subrogating a case involving utilities different from other fields like automotive subrogation? Steve goes into detail about the process, focusing on overhead lines, underground lines and service defects. […]

This article is a companion piece to this video In this episode of On Subrogation: Special Arbitration, insurance attorney Jason Sullivan talks the Special Forum in Arbitration Forums. What subrogation cases can be heard in the Special Forum? Which are mandatory? And how can subrogation professionals get the details on how it all works? Special […]

This article is a companion piece to this video What do you do when the at-fault party in a car accident claims it was not them but something wrong with the car that caused the incident? Prove that it is still their responsibility. In this episode of On Subrogation: Negligent Maintenance, insurance attorney Jason Sullivan […]

This article is a companion piece to this video What happens when your insured is in a car accident that does not involve any contact with the other car? In this episode of On Subrogation: No Contact Vehicle Accidents, RG insurance attorney Jason Sullivan offers guidance on how to handle non-contact accidents that result in […]

This article is a companion piece to this video   In this episode of On Subrogation: Diminished Value, Rathbone Group partner Jason Sullivan discusses the conditions of diminished value as it applies to subrogation recovery. Is diminished value covered when pursuing a tortfeasor in an insurance claim? It depends… Can Subrogation Recover Property That’s Been […]

This article is a companion piece to this video In this episode of On Subrogation: Phantom Vehicle, RG attorney Jason Sullivan discusses what to do when your targeted tortfeasor claims there is another party responsible for the incident, but they are nowhere to be found. Are they telling the truth or passing the blame? Jason […]

This article is a companion piece to this video In this episode of On Subrogation: Subrogation in Canada, Rathbone Group insurance attorney Jason Sullivan discusses the difficulties associated with subrogating cases involving parties and/or automotive incidents that involve both US state and Canadian provincial laws on subrogation recovery. As an experienced subrogation lawyer, Jason is […]

In this episode of On Subrogation: Cyclists and Motorists, Rathbone Group insurance attorney Jason Sullivan talks automotive subrogation when a car accident involves a bicycle. How does a court determine, in a bike vs car subrogation claim, whether the cyclist or the motorist was at fault? The answer largely depends on where you are: Cyclist […]

This article is a companion piece to this video In this episode of On Subrogation: Common Fund Doctrine, insurance attorney Jason Sullivan unpacks the concept of a common fund in the context of subrogation settlements, including what common funds are, how they work, and when it is or isn’t fair to expect a subrogating carrier […]

This article is a companion piece to this video. In the above episode of On Subrogation: Involuntary Plaintiff Actions, subrogation lawyer and experienced litigator Jason Sullivan discusses what to do when you receive one of these documents in the course of a subrogation pursuit.  Admittedly, these are some of the most annoying and inconvenient actions […]

In this episode of On Subrogation: Declaratory Actions, insurance attorney and Rathbone Group partner Jason Sullivan explains declaratory actions: definition, concept, purpose, and why understanding dec judgments is key to protecting your carrier’s right to subrogation recovery. Declaratory actions, also referred to as dec actions or declaratory (dec) judgments, is when the parties in a […]

This article is a companion piece to this video In this episode of On Subrogation: Florida PIP Emergency Medical Condition, subrogation attorney Jason Sullivan discusses how the amount of a PIP claim payout is determined, and how subrogation professionals can effectively defend those payouts during pursuit of recovery from the tortfeasor or their carrier. For […]

In this episode of On Subrogation: Florida PIP Subrogation, Rathbone Group insurance attorney Jason Sullivan discusses PIP subrogation in Florida. As any Florida attorney knows, in general, there is no PIP subrogation in the state. Right? Not exactly. Jason offers tips for subrogation professionals looking for a way to recover from a hefty PIP payout: […]

Unfortunately, there are occasions when an insurer suffers damages at the hands of their insured. Special Investigation Unit (SIU) cases are specific to claims where there has been suspected insurance fraud.  In this episode of On Subrogation: SIU Claims, Rathbone Group attorney Jason Sullivan discusses fraud claims in the context of subrogation and offers advice on […]

This article is a companion piece to this video Robust investigations are a hallmark of Rathbone Group’s subrogation services. In this episode of On Subrogation: Pre-Suit Investigations, RG partner and subrogation attorney Jason Sullivan offers 3 tip for optimizing your pre-suit investigations and setting the stage for a solid subrogation case that results in maximum […]

In this episode of On Subrogation: Conflict of Law – Statute of Limitations, Rathbone Group partner Jason Sullivan discusses what to do when a subrogation case involves states with conflicting statutes of limitations on subrogation claims and procedures. Which state’s statutes win out? It’s not always straightforward. A conflict of law arises where two states […]

In this episode of On Subrogation: Sudden Medical Emergency, subrogation attorney Jason Sullivan discusses how to argue against a sudden medical emergency defense, one of the several affirmative tort defenses lawyers often encounter in insurance disputes. If you’re interested in the general sudden emergency defense in the context of subrogation cases, you can find a […]

In the above episode of On Subrogation: Sudden Emergency Defense, insurance attorney Jason Sullivan talks about the Sudden Emergency Doctrine as it applies to contributory and comparative fault, as well as defines what a “sudden emergency” is. This article also includes content from our subrogation podcast episode Refresh: Sudden Emergency, where RG attorneys Rebecca Wright […]

In this episode of On Subrogation: Contribution Between Tortfeasors, RG partner and subrogation-focused attorney Jason Sullivan explains contribution between tortfeasors – a legal mechanism designed to hold tortfeasors responsible for negligently-caused damages – no matter how many tortfeasors there are. To illustrate how this principle of shared liability works, Jason poses a hypothetical situation common […]

In this episode of Rathbone Group’s informational YouTube series, On Subrogation: Comparative vs Contributory Fault, attorney Jason Sullivan explains how to navigate a subrogation case where your insured may be partially at-fault along with the tortfeasor. It is a dual legal question of (1) whether or not your insured deserves to recover despite sharing fault and […]

A capable attorney focused in insurance and subrogation law, Rebecca Wright is a Rathbone Group partner serving a variety of subrogation clients in several states and district courts. And after passing yet another bar, Wright is now licensed to practice law in California. She will serve as a vital resource to our subrogation clients in […]