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 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 […]
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: […]
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 […]
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 […]
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 […]
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 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 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 […]
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 […]