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 Read more…
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 Read more…
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 Read more…
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 Read more…
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, Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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. Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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, Read more…
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 Read more…
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 Read more…
This article is a companion piece to this video In this episode of On Subrogation, RG insurance subrogation attorney Jason Sullivan educates us on the 5 exceptions to the Hearsay Rule courts accept when the original source of testimony may or may not be available. Understanding nuances in law process Read more…
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. Read more…
This article is a companion piece to this video In Insurance and Subrogation Law, What does a Receiving a Short Check Mean? In this episode of On Subrogation: Depositing a Check for Less than Full Balance RG Founding Partner and subrogation attorney Kim Rathbone discusses how to pursue the full Read more…
This article is a companion piece to an episode of RG’s educational video series, On Subrogation: Subrogating Underinsured Tortfeasors.
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, Read more…
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 Read more…
This article is a companion piece to this video Successful subrogation recovery after an incident with an uninsured motorist can be challenging. The recovery of uninsured claims often requires a lawsuit and a judgment. However, subrogation cases involving a UIM are not over once the judgment is set; you still Read more…
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 Read more…
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 Read more…
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 Read more…
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. Read more…
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 Read more…
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. Subrogation law frequently involves accidents. These accidents may require technical explanation in order for a judge or jury Read more…
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 Read more…
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 Read more…
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 & Read more…
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 Read more…
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 Read more…
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” Read more…
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 Read more…
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 – Read more…
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 Read more…
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, Read more…