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Subrogation Blog

Our Subrogation Blog

Topics span litigation, claims, and many more. To ask questions or suggest future topics, e-mail us at blog@rathbonegroup.com.

Pre-Suit License Suspensions & Recovery in Auto Subrogation Claims

In subrogation claims cases for vehicular incidents that involve an uninsured motorist, pre-suit license suspensions, also referred to as administrative license suspensions, are a useful tool for subrogation professionals to maximize recovery for their clients. In the above episode of On Subrogation: Pre-Suit License Suspensions, RG founding partner and attorney, Kim Rathbone, discusses the nuances […]

An Adverse Carrier isn’t Necessarily Adversarial

When you read “adverse carrier,” you may think you are dealing with the opposition; but I like to take a difference approach. As a subrogation attorney, new subrogation claims for suit come across my desk to be reviewed on a daily basis. While many of my colleagues may take the harsh position of “file suit […]

Maximizing Subrogation Recovery from Fallen Tree Damage

This article is a companion piece to this video Subrogating a claim regarding property damage of any kind is a process filled with recovery opportunities and legal pitfalls. This episode of our educational video series explaining subrogation topics in easy-to-understand ways, On Subrogation: Timber!!! Fallen Tree Subrogation Claims, concerns a specific type of property damage that […]

When is Relevant Evidence more Dangerous than Helpful?

This article is a companion piece to On Subrogation: Rule 401 Relevant Evidence: Weighing Probative Value Against Possible Prejudice, where RG subrogation attorney Jason Sullivan discusses the 3 exceptions to Relevant Evidence Rules. Initially a resolution for federal courts, most states adopted the Federal Rules of Evidence verbatim, or close to it. Relevant evidence is […]

How Dogs can Help Spot Tortious Activity in Fire Loss Subrogation Cases

This article is a companion piece to this video In this special episode of RG’s On Subrogation series, Subro-Live! – Cinder the Fire-Investigating Dog, subrogation lawyer Rebecca Wright speaks with Steven Chapman of S.C. Fire Consulting, Inc.: a consulting firm that performs investigations for insurance subrogation in cases of fire loss. Specifically, Steven shows Rebecca his […]

A Look at Arbitration Forums in the Subrogation Process

This article is a companion piece to On Subrogation: Arbitration Forums for Subrogation Claims, in which RG subrogation attorney Jason Sullivan speaks on the role of arbitration forums in the insurance subrogation process. Follow Jason as he discusses 5 important Affirmative Defense claims that come up in subrogation arbitration forums, and how each company’s role […]

Understanding the Moving Target of Achieving Recovery via Medpay and PIP

This article is a companion piece to On Subrogation: Medpay and PIP, in which RG subrogation attorney Jason Sullivan discusses the nuances of subrogating injury cases involving Medpay and PIP. Sullivan advises viewers on the importance of understanding state specificity in terms of insurance subrogation on injury claims.  What is Medpay and How is it […]

Subrogation Law: Knowing How to Go After a Government Tortfeasor

This article is a companion piece to this video Can You File a Subrogation Lawsuit Against the Government? What happens when the government causes damages or injury?  If you have a subrogation claim arising from a governmental employee’s negligence, what can you do? This post outlines RG’s On Subrogation episode: Filing Claims Against State and Local Governments, where […]

Sometimes the Best Witnesses are Chemicals

This article is a companion piece to this video featuring  Rathbone Group’s Rebecca Wright and ebatcon’s Dr. Dehua Yang, a chemist. If chemicals are in any form part of your subrogation investigation scene – don’t miss out on or discount the stories they can tell. Let us not forget that there is a wide range […]

Two Minutes Well Spent During Scene Investigation Can Reduce Headaches Later

This article is a companion piece to this video featuring Rathbone Group’s Jason Sullivan and Mike Jacob of Veritas Engineering Claim adjusters hold the critical role of gathering evidence and thoroughly documenting an investigation scene, especially to be able to pursue subrogation later on. Capturing an adequate amount of evidence does not have to require […]

Drunk Driving, Dram Shop & Social Host Laws

This article is a companion piece to our On-Subrogation Podcast about Dram Shop and Social Host laws, where Rathbone Group attorneys Rebecca Wright and Steven Alsip discuss the ins and outs of third-party liability when it comes to drunk drivers who cause damage and injury as a result of being inebriated. This is the final installment […]

How Do You Subrogate Roofing Claims?

This article is a companion piece to the roofing subrogation episode of our educational podcast, On Subrogation: Raising the Roof on Roofing Cases, where Rathbone attorneys Steven Alsip and Rebecca Wright discuss the ins and outs of subrogating a property damage case where roof failure caused the incident of loss. Most subrogation property claims fall into one of […]

Daubert & What Makes a Good Subrogation Expert

This article is a companion piece to this podcast episode of our educational series on subrogation law, On Subrogation: Daubert & What Makes a Good Expert, hosted by our in-house podcast team of subrogation-focused attorneys, Steven Alsip and Rebecca Wright. Whether fire, utility, property or personal injury claims, subrogation law frequently involves losses caused by accidents. These accidents may require technical explanation in […]

Subrogation Law & Employer Liability: The Independent Contractor Defense

This article is a companion piece to this video  In this episode of our informational YouTube and podcast series about subrogation, On Subrogation: Independent Contractor Defense, RG founder and subrogation attorney Kim Rathbone explains the use of the Independent Contractor Defense in subrogation litigation. In the context of vicarious liability, this affirmative defense often clouds the […]

Subrogation and the Made Whole Doctrine: Critical to Understand, Hard to Determine, Impossible to Ignore

This article is a companion piece this video In this episode of RG’s educational YouTube series on subrogation laws and litigation, On Subrogation: Made Whole Doctrine, subrogation attorney Jason Sullivan unpacks the Made Whole Doctrine: an ever-present, ever-changing piece of state subrogation laws. The Made Whole Doctrine: Jurisdictional Confusion & Legal Opacity The Made Whole Doctrine […]

Subrogation Opportunities and the Graves Amendment

This article is a companion piece to the video below: In this episode of our educational series on subrogation law and procedure, On Subrogation: The Graves Amendment, Rathbone Group subrogation lawyer Jason Sullivan discusses how the Graves Amendment affects pursuit of recovery in subrogation cases involving rental car companies. The Graves Amendment & Liability of Leasing Companies for […]

Insurance Subrogation: Addressing Out of Pocket Expenses

This article is a companion piece to the video below: In this special episode of our On Subrogation YouTube series, Subro LIVE! – Subrogation When Your Insured has Out of Pockets, Kim Rathbone discusses OOP expenses with attorney Susan Benson live during a National Association of Subrogation Professionals (NASP) conference. State Subrogation Laws & Out of Pocket Expenses Oops… I […]

Subrogation Action & Parental Liability

This article is a companion piece to the video below: In this episode of RG’s subrogation education series, On Subrogation: Parental Liability, Rathbone Group subrogation attorney Kim Rathbone discusses how and in what ways parents can be held liable in subrogation claims where a minor has caused losses.  8 Ways Parents Might be Held Responsible in Subrogation […]

Subrogation Action & State Livestock Laws

This article is a companion piece to the video below How do you hold an at-fault party accountable in a subrogation claim if that party is a cow? In this episode of our video series, On Subrogation, RG attorney Jason Sullivan discusses what happens when a livestock animal is involved in an automobile incident.  How […]

Release Language in Subrogation Claims

This article is a companion piece to this video When it comes to insurance subrogation law and how best to resolve subrogation suits and claims, the devil is in the details. In the above YouTube episode of RG’s educational series on subrogation process and procedure, On Subrogation: Release Language in Subrogation Claims, subrogation-focused attorney Kim Rathbone […]

Vicarious Liability And Subrogation Recovery Made Simple

This article is a companion piece to this video  In this episode of our video and podcast series, On Subrogation: Vicarious Liability – Respondeat Superior Doctrine, RG subrogation lawyer Kim Rathbone discusses vicarious liability in the context of subrogation claims. Vicarious Liability: Subrogating Against an “Innocent” Third Party Terms like “vicarious liability” and “Doctrine of Respondeat Superior” […]

Can I File a Subrogation Claim Against the Federal Government?

Is it possible to seek subrogation recovery from the federal government in cases of loss due to negligence or tortious behavior? The quick answer: yes! But the long answer is much more involved; successfully subrogating cases like these is not exactly straightforward. In the above episode of On Subrogation: The Federal Tort Claims Act, RG attorney Jason […]

Subrogation Attorney Jason Sullivan with Licenses in Several States

RG subrogation attorney Jason Sullivan is now licensed to practice law in:  Alabama Alaska Arkansas Colorado Florida Hawaii Indiana Iowa Kansas Maine Massachusetts Minnesota Missouri Montana North Carolina Nebraska New Hampshire Ohio Oregon South Carolina Utah Washington West Virginia Wyoming  Jason also has several other state licenses pending. As one of the founding members of Rathbone […]

Jason Sullivan Wins Prestigious Business Insurance Break Out Award

Jason Sullivan is one of forty insurance professionals from across the United States to win the Business Insurance 2020 Break Out Award. This award recognizes managers and executives for their outstanding leadership capabilities within the insurance industry. Sullivan specifically won this award for his work in insurance and risk management – one of the most competitive […]

Rathbone Group Named for Third Year in a Row One of Northeast Ohio’s Top Workplaces

Rathbone Group was named for the third straight year to the Northeast Ohio’s 150 Top Workplaces by Cleveland.com and The Plain Dealer. The prestigious award represents employee feedback in the areas of Alignment, Effectiveness, Connection, Management, Employee Engagement, Leadership, and Benefits. The employees of Rathbone Group nominated the firm.  Businesses are rated within categories of […]

Steven Alsip Named to 2019 Ohio Super Lawyers Rising Stars List

Steven Alsip was recently named to the 2020 Ohio Super Lawyers Rising Stars list for the second year in a row. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas. The Super Lawyer Rising Star Award honors attorneys who have attained a high-degree of peer recognition and professional achievement.  The […]

Rebecca Wright Now Licensed in Tennessee

Rebecca Wright, a subrogation attorney at Rathbone Group, is now licensed to practice in Kentucky, Ohio, Tennessee, Texas, and West Virginia. Rebecca has worked in subrogation law for over a decade. A talented litigator who’s passionate about educating companies on subrogation, Rebecca has led many seminars to educate audiences about the complex laws and processes of […]

Rathbone Group Featured by the Center for Executive Excellence

Rathbone Group is honored to be featured by the Center for Executive Excellence in its Business in Focus segment. This article, titled  highlights Rathbone Group as a subrogation company that consistently exhibits leadership excellence, and explores our strong organizational culture and emphasis on open communication. Often, we skip over the details of the day-to-day at […]

Rathbone Group Named Subrogation Law Firm of the Year by Finance Monthly

Rathbone Group was named the Subrogation Law Firm of the Year in the Global Awards 2018 by Finance Monthly. This prestigious award is given to legal professionals that have demonstrated innovation, delivered results, and provided expert advice for their clients. Law firms and lawyers around the world are evaluated each year, and this award is […]

Rathbone Subrogation Attorney Awarded AV Preeminent Rating from Martindale-Hubbell

Experienced subrogation lawyer and founding partner of Rathbone Group Kimberly Rathbone has earned the AV Preeminent rating from Martindale-Hubbell. Martindale-Hubbell uses a peer review process to evaluate legal ability, communication ability and ethical standards, who are rated on three levels of notable achievement: AV (BV, CV), D, and N: AV Preeminent: From the Martindale-Hubbell website, “The […]

Jeffrey Kaput and Rathbone Group featured in Untangle Case Study

As a firm focused in insurance and subrogation law, Rathbone Group strives to stay ahead of the industry curve with cost-efficient, tech-savvy strategies, both for our subrogation clients and for our own internal use. Serving clients nationwide throughout all steps of the subrogation process requires secure, streamlined and creative IT strategies, which is why RG […]

Founding Partner of RG Subrogation Law Firm Named 2018 National Women in Law Honoree

Founding partner of Rathbone Group and  has been selected as an honoree for the 2018 National Women in Law Awards. Corporate Counsel and Inside Counsel magazines wanted to spotlight female leaders in law who have demonstrated extraordinary leadership and business acumen as they have guided their organizations through often treacherous roads to achieve success. They […]

Jessica Lobes Named to 2018 Texas Super Lawyers Rising Stars List

RG subrogation attorney Jessica Lobes was named to the 2018 Texas Super Lawyers Rising Stars list. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations; only a […]

Rathbone Group Again Named One of Northeast Ohio’s Top Workplaces

Rathbone Group was named, once again, to the Northeast Ohio’s 150 Top Workplaces by Cleveland.com and The Plain Dealer. The prestigious award is a result of feedback in the areas of Alignment, Effectiveness, Connection, Management, Employee Engagement, Leadership and Benefits via a survey. You can find the list of Top Workplaces award winners here. Rathbone Group’s […]

Article Published “Beyond the Courtroom – Maximum Recovery in Arbitration Forums Leads to $165,000 Property Damage Award”

The National Association of Subrogation Professionals published Ana Zgela’s article “Beyond the Courtroom – Maximum Recovery in Arbitration Forums Leads to $165,000 Property Damage Award” in their Summer 2018 issue of The Subrogator. Ana Zgela is the lead attorney of Rathbone Group’s arbitration department.   Insurance Carriers often enter into agreements voluntarily forgoing subrogation litigation in favor of arbitration […]

Article published “Tricks, Tips, and Pitfalls to Recovering Underinsured Claims”

The National Association of Subrogation Professionals published Mark Demian’s article “Tricks, Tips, and Pitfalls to Recovering Underinsured Claims” in their Summer 2018 issue of Subrogator. This is Demian’s third piece featured in NASP’s subrogation education magazine.  Recovering on underinsured cases is one of the most frustrating and daunting pursuits for subrogation professionals. There are certain steps to take […]

Two RG Subrogation Attorneys Featured in AM Best Podcast on Social Media

Experienced subrogation lawyers  Jason Sullivan and Rebecca Wright discuss the effect that social media is having on subrogation recovery and its potential impact on claims in AM Best’s podcast, “How Social Media is Changing Insurance Claims Subrogation.” Sullivan and Wright speak on the risks social media use presents to liable parties in subrogation claims, and more importantly, how social […]

RG Subrogation Lawyer Mark Demian Earns CSRP Designation

Mark Demian, a founding Partner at RG and an experienced subrogation attorney, has earned a CSRP Designation as a result of passing the national examination, administered by NASP. “The Certified Subrogation Recovery Professional (CSRP)® Designation is the specialized designation for subrogation professionals. It is a statement that those possessing the designation have met stringent, academic and experience […]

RG Subrogation Attorney Selected to Present Seminar on Trucking Litigation in the 21st Century in Upcoming NASP Annual Conference

Mark Demian, one of Rathbone Group’s founding partners, has been selected to present a seminar focused on Trucking Litigation in the 21st Century for the National Association of Subrogation Professionals at their Annual Conference. Mark’s presentation will focus on the subrogation insurance issues that make the prosecution and defense of trucking cases unique, with a […]

Subrogation Lawyers Wright & Wilk Selected to Present Seminar on Third Party Liability in Upcoming NASP Annual Conference

Subrogation attorneys Rebecca Wright and Adam Wilk have been selected to present a seminar entitled “Other People’s Torts: Third Party Liability in Subrogation Claims” for the National Association of Subrogation Professionals’ November 2018 Annual Conference.  In auto collisions, liability is not limited to the tortious driver. You may be able to recover loss via subrogation against other parties, such […]

RG Subrogation Attorney Selected to Present Webinar on Recovering Non-performing Judgments

Subrogation attorney Rebecca Wright has been chosen to do a webinar on recovering non-performing judgments for the National Association of Subrogation Professionals. This webinar will focus on how to economically enhance your bottom line by tapping into the older judgments in your portfolio.  The nonperforming judgments in your portfolio can be an untapped source of recovery with […]

NASP Presentation on Negative Inference Cases

Subrogation attorneys Steven Alsip and Rebecca Wright gave a presentation called “Negative Inference Cases: Your Invisible Smoking Gun” at the National Association of Subrogation Professionals 2018 Subrogation Litigation: Skills and Management Conference. This session discussed strategies for subrogation attorneys to carry the burden of proof required to successfully litigate or otherwise settle a subrogation dispute in cases […]

Rathbone Group Named an Honoree at Smart Culture Awards

Rathbone Group was named an Honoree at the 2018 Smart Culture Awards by Smart Business Magazine. The Smart Culture Awards recognize organizations that have developed a culture that bolsters productivity, enhances job satisfaction, and provides a competitive advantage in the marketplace.  Rathbone Group is a large subrogation law firm with subrogation attorneys licensed in dozens of states, territories […]

RG Subrogation Attorney Selected to Present at March 2018 NASP Litigation: Skills and Management Conference

Subrogation and insurance dispute attorneys Rebecca Wright and Steven Alsip were selected to speak at the National Association of Subrogation Professionals 2018 Litigation: Skills and Management Conference. Their talk is entitled “Fire: Burning Down the House”, and examines strategies to carry the burden of proof in a fire subrogation claim. Property Subrogation for Fire Claims Require an Emergency Response […]

RG Subrogation Attorneys Featured in NASP Newsletter

Two of our skilled subrogation lawyers, Rebecca Wright and Steven Alsip, were featured in the February 2018 National Association of Subrogation Professionals Newsletter regarding their upcoming talk, entitled “Negative Inference Cases: Your Invisible Smoking Gun” at the NASP 2018 Litigation: Skills and Management Conference. What is your recourse when evidence vital to your subrogation case is destroyed, or […]