What do you do when an auto subrogation claim involves a vehicle rented on a personal vehicle sharing platform? In the following episode of On Subrogation: Personal Vehicle Sharing, insurance lawyer and Rathbone Group Partner Jason Sullivan discusses what’s different about this new type of rental car subrogation. Most are familiar with rideshare services like […]
Commercial and homeowners’ insurance claims for property damage are rarely simple transactions. Even when a roof collapse, flood, fire, or power surge may seem like an unpredictable accident, that may not be the case. There may be a third party, such as an installer, manufacturer, shipper, or contractor who acted negligently. When that’s the case, […]
Insurance subrogation is not a widely known or well-understood field of law, even within the insurance industry. Yet, subrogation is the mechanism by which insurers can be paid back for claims they paid out to their insureds while holding the responsible party accountable for the damage they caused. Misunderstandings and lack of available education on […]
Insurance is meant to protect people and businesses from unfortunate events, accidents, negligence, and bad actors. When there’s an unexpected loss and it’s not the party’s own fault, insurance carriers step in to cover the cost, whether property damage, repairs, and/or medical costs. But what happens when there is someone to blame for the loss […]
How has the advent of large language AI affected the legal industry? Is there a use for it in the fields of insurance and subrogation? In this episode of On Subrogation, RG member partner and experienced subrogation lawyer Rebecca Wright discusses the possibilities and limitations of generative AI applications in the legal realm. Generative AI […]
You have a product liability subrogation claim on your desk, and with a little research, you find there is a recall notice for the defective product that resulted in your insured’s damages. Can it help your case? Hurt it? In this episode of On Subrogation, RG partner and insurance attorney, Steven Alsip, discusses how you […]
As a national subrogation law firm, we know better than most that subrogation is misunderstood. Even though the subrogation process happens behind the scenes, it is important to understand how it works and why it matters. However, its complexity and the not-so-kind public view of insurance carriers have kept even industry professionals in the dark, […]
In the following episode of On Subrogation: Spoliation, Rathbone Group attorney Jason Sullivan discusses what to do when the other party in a subrogation case destroys or hides evidence. How do you win a subrogation case if you can’t properly argue it? As Jason describes, if you have the right strategy and the right knowledge […]
Subrogation is a niche field of law. Not just niche in the way that the public doesn’t understand it, but so niche that most legal professionals don’t, either. This is because subrogation is specific to the insurance industry. While the details of any subrogation claim are complex and nuanced, the general subrogation process is pretty […]
What happens in a subrogation claim that only involves damage to a product? Can you pursue the manufacturer for tortious negligence, or are you limited to warranties and contracts? In this episode of On Subrogation: Economic Loss Doctrine, Rathbone Group attorney Jason Sullivan explains the Economic Loss Doctrine and why the jurisdiction in which a […]
A subrogation claim resulting from an automotive accident comes across your desk. It is clear the tortfeasor has liability – they literally ran the insured off the road, got out of their car, and physically assaulted them. Slam dunk case, right? Actually, no; not at all. More often than not, road rage ruins viable subrogation […]
The efficacy of subrogation efforts are a factor every company considers in balancing risks. Maximizing subrogation recovery in every possible case is key to minimizing claims losses and maintaining the quality, reasonably priced policies that keep insurance affordable and ensure that a carrier remains competitive. There’s a lot of nuance in the legal realm of […]
Not all states handle auto insurance the same way, which means motor vehicle subrogation across states is anything but standard. Massachusetts’s takes its own approach to how PIP subrogation pursuit is handled, and it directly affects the insurer’s right of subrogation, as well as right of from whom they have the right to recover. In […]
What do you do when it’s your word against a dead man’s? This is a real problem faced by subrogation attorneys everywhere as lengthy litigation processes leave time for plaintiffs and defendants alike to shuffle off this mortal coil. But what if you needed that person’s testimony as evidence in your subrogation case? Or what […]
As every insurance professional and subrogation attorney knows, different subrogation laws between states can complicate claims. Even processes so straightforward as signing an affidavit might not be the same in every state. Case in point – New York, which adds another layer to sworn statements; the Affidavit of Conformity. This article is a companion piece […]
This article is a companion piece to this video In this episode of On Subrogation: Guidelines for Depositions, Rathbone Group subrogation attorney Mark Demian discusses 13 best practices for being deposed. Many people are nervous when notified they are being deposed. And it is a serious matter, but it is also not an interrogation. Preparedness […]
This article is a companion piece to this video In this episode of On Subrogation: Attorney Fee Shifting, Rathbone Group’s Jason Sullivan discusses attorneys’ fees in the context of your subrogation claims, and times when there may be a legal reason to shift those fees. In the US, the general rule of thumb is that, […]
This article is a companion piece to this video In this episode of On Subrogation: Concurrent Coverage Redux, RG subrogation attorney Jason Sullivan revisits the concept of contribution between carriers using a real-life case example from his portfolio. How important is policy language in a dual coverage subrogation claim? Extremely. To illustrate the nature of […]
This article is a companion piece to this video What happens when an exclusion in your commercial auto policy looks like it will prevent recovery of subrogation damages? In this episode of On Subrogation: MCS-90 Federal Motor Carrier Act of 1980, Rathbone Group attorney and experienced subrogation litigator Jason Sullivan discusses how this legislation plays […]
People don’t often think about the legal field as a high-tech environment, but that is beginning to change. New applications of smart technology and AI can benefit all parties in a subrogation case at every turn. More effective management of insurance claims, from initial incident to final subrogation agreement, helps carriers maximize recovery on every […]
The playing field of subrogation is always changing, and that means new laws and statutes for the insurance industry require us to pivot strategies! Florida recently passed House Bill 837, which will affect how PIP subrogation recovery is handled. Specifically, there are important changes to statutes of limitations, comparative fault, and commercial right to recovery. […]
Subrogation attorneys are seeing more property damage claims from natural disasters than ever before – a trend that will not slow down any time soon. Climate change isn’t just about warming; the damage to our environment throws everything else off – winds, currents, atmospheric CO2 – which is why we’re seeing extended hurricane seasons across […]
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 […]
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 on […]
This article is a companion piece to this video Robust investigations are a hallmark of Rathbone Group’s subrogation services. In this episode of On Subrogation: Pre-Suit Investigations, RG partner and subrogation attorney Jason Sullivan offers 3 tip for optimizing your pre-suit investigations and setting the stage for a solid subrogation case that results in maximum […]
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: 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 […]
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 […]
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 […]
The Cleveland Metropolitan Bar Journal published Kimberly Rathbone and Ana Zgela’s article “Wait – You Haven’t Used Arbitration Forums Yet?” in their February 2018 issue. The article explores how the alternative dispute resolution system of Arbitration Forums can be utilized by non-members to resolve subrogation damages claims. Rathbone and Zgela unpack the advantages of using Arbitration Forums […]
Jason Sullivan and Rebecca Wright have been selected to speak at the NASP Annual Conference in Austin, Texas this year. Attorneys focused in subrogation law, Sullivan and Wright often present to groups looking for education on subrogation. Their NASP presentation is titled: Underinsured Motorist Subrogation: Tackling the Combined Challenges of Insured and Uninsured Subrogation. Their lecture […]
Rathbone Group was named one of 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. Our legal team is comprised of attorneys and specialists who focus […]
Rathbone Group was featured in a recent FreshWater Cleveland article about an innovative company offering a new approach to human resources. ConnectedHR is a firm that combines the services of HR professionals with the flexibility of a temp agency and a la carte services. ConnectedHR provides all the benefits of having an in-house HR professional, just only when you […]