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 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: 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: […]
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 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: […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 like these hearsay exceptions can […]
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 […]
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 amount of a subrogation claim […]
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, and how each company’s role […]
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 […]
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 have to collect payment. Proper […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]