Topics span litigation, claims, and many more. To ask questions or suggest future topics, e-mail us at blog@rathbonegroup.com.
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 […]
This article is a companion piece to this video 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. Can you be held liable if you were just trying to help? In the […]
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… A Bad Before & After: Determining Recovery […]
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 […]
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 to share in pro rata costs and expenses. Who […]
In this 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 to deal with over the course of an insurance dispute. […]
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 […]
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 a primer on PIP subrogation in Florida, watch our […]
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 […]
The initial investigation in an insurance claim sets the foundation for later subrogation of said claim. There is no such thing as collecting too much information on an incident, as there is no such thing as gathering too much support for your argument for subrogation recovery. Robust investigations are a hallmark of Rathbone Group’s subrogation […]
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 […]
This article is a companion piece to the Sudden Emergency podcast episode of Rathbone Group’s On Subrogation series, a free educational resource for insurance professionals, where our attorneys discuss the nuances of the subrogation process. In this episode, insurance attorney Jason Sullivan talks about the Sudden Emergency Doctrine as it applies to contributory and comparative […]
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 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 […]
This article is a companion piece to this video Kim explains a statute of limitations as: A law that prescribes a period of limitation for the bringing of certain kinds of legal action. Statutes of limitation (SOLs) are considered an affirmative defense that must be brought in answer to litigation, or else it gets waived. […]
If alternate routes to resolving your subrogation lawsuit have failed, litigating the matter may be your only option. When taking a subrogation case to trial, counsel managing the dispute must meet a certain burden of proof to convince the court that they deserve to recover their loss. Specifically, burden of proof refers to: The amount […]
In the above episode of On Subrogation: Act of God Defense, Rathbone Group attorney Jason Sullivan discusses the Act of God Defense. Most often seen in subrogation claims for property damage, this legal mechanism protects potential litigants from being held liable for damages that are caused by a force of nature outside of any person’s […]
In this episode of On Subrogation: Interpleader, RG attorney Jason Sullivan talks about how Interpleader affects the process of settling a subrogation lawsuit, especially in cases where many parties might have claim to recovery from the at-fault party. Interpleader applies to subrogation when a party causes a loss, the at-fault party has insurance, the insurance […]
In this episode of our educational video series, On Subrogation: Subrogation Rights Even if No Bodily Injury Claim, Rathbone Group Partner Jason Sullivan discusses the viability of Medpay and PIP subrogation when the subrogee’s insured has not submitted a bodily injury claim. This episode’s subrogation subject came from one of our viewers, Scott, who asked: […]
Rathbone Group (RG), a national insurance subrogation law firm, is pleased to announce the unanimous election of Rebecca Wright as Managing Partner. Kim Rathbone, RG’s Managing Partner for the last 4 years, is excited to devote even more of her time supporting RG’s subrogation clients and network of attorneys throughout North America. Kim led RG […]
In this episode of On Subrogation: Service by Social Media and Email, subrogation attorney Rebecca Wright discusses a development in state civil rules of the service: putting the other party on notice via electronic means. Until recently, standard accepted methods of notice include certified mail or in-person service via a process server. While over the […]
In this episode of our educational video series, On Subrogation, Rathbone attorney Jason Sullivan guides us through the basics of the hearsay principle. This video is the first of our 3-episode series on handling hearsay in your subrogation cases. In this episode, Jason defines and outlines the concept of hearsay. What is hearsay? A rule […]
Some subrogation claims do not fall neatly under a tort or contract claim, but the carrier nonetheless has a right to recover a loss. This can make the process of subrogating the claim more difficult, but there is an alternate cause of action that may apply: unjust enrichment. A court’s focus in deciding subrogation outcomes […]
In this episode of our educational video series on important subrogation topics, On Subrogation: Alternative Dispute Resolutions in Subrogation Claims, Rathbone attorney Jason Sullivan discusses paths to claims resolutions that don’t involve the courts. Alternative dispute resolutions (ADR) are any negotiation or compromise that doesn’t involve a lawsuit. The two most common methods subrogation attorneys […]
This episode is a follow-up to our first episode on the Federal Rules of Evidence. In the first episode, we discussed the basics about why the court may choose to exclude evidence. For example, a court may exclude evidence if: These are areas where courts can use their discretion to determine exactly what is admissible […]
First, let’s quickly re-establish the basics of hearsay with regard to the Federal Rules of Evidence. Hearsay is defined as any out-of-court statement being presented to prove the truth of the matter asserted. In order to attempt to present hearsay evidence, you need both a declarant (the person who made the statement) and a witness […]
In this episode of our educational video series on subrogation process and law, Rathbone Group partner and subrogation-focused attorney Jason Sullivan explains the concept of contribution between carriers. An often problematic and convoluted aspect of subrogation law, contribution between carriers refers to when a carrier pursuing subrogation recovery may be able to recover from another […]
The family car—it’s the gateway to all the places we want to go! Whether it’s soccer or basketball practice, to the multiplex for a new movie, to the grocery store for ice cream, or off to the pool for a few cooling laps on a hot summer day… the family car takes us there. On […]
What do you do if the insurer you are subrogating against goes into liquidation? In this episode of our educational video series, On Subrogation, RG subrogation lawyer Jason Sullivan discusses possible avenues to pursuing recovery from an insurer when it seems there is nothing to recover. When a person buys insurance coverage, they expect to […]
In this episode of Rathbone Group’s educational video series on subrogation topics, attorney Kim Rathbone discusses a topic submitted by one of our viewers: how to proceed when a tortfeasor dies in the midst of a subrogation suit. Who Should a Subrogation Team Pursue if the Tortfeasor Dies? Once a tortfeasor dies, the proper party […]
The short answer to this question is, yes. The real answer, however, is a bit more complicated. In the above episode of our educational video and podcast series on subrogation law and process, On Subrogation: Subrogating When a Tortfeasor Files Bankruptcy, Rathbone Group partner Kim Rathbone discusses alternate avenues to pursuing recovery even when it […]