Subrogation When Your Insured has Out of Pockets

Subrogation is concerned with recovering damages paid by insurance companies for losses, which helps to keep rates down and holds those who cause damage accountable.  But what happens when the insured has damages that weren’t covered by the policy?  Join Kim Rathbone as she sits down with Susan M. Benson, Read more…

What’s New, Veritas: Developments in Scene Investigation and Appliance Cases

If your expert could ask your adjuster to do a few things to protect your subrogation case, what would they be?  What’s new in the world of appliance cases and water losses related to them?  Join Jason Sullivan as he sits down with Michial Jacob, P.E., Principal Engineer at Veritas Engineering Laboratories to discuss best practices for scene investigations, as well as how developments in appliance manufacturing and design has changed subrogation cases.

Motions for Summary Judgment

Can you really have a trial without a trial?  With a Motion for Summary Judgment, you can.  But are these motions really the dead-end that law students are often taught they are?  Summary Judgment is a real mechanism that is available under the right circumstances.  Listen to Rebecca and Steve discuss when a Motion for Summary Judgment is appropriate, and what you need to do to be successful in it.

Motions for Default Judgment

Motions for Default Judgment seem simple enough – if the Defendant doesn’t answer, you get a judgment.  But as with so many things, the devil is in the details.  Listen as Steve and Rebecca get into these details, from what proof can be required to the time limits involved, to when and why a hearing may be needed.

Service of Process: Out-of-State (Long Arm Statutes)

In this, our second installment on service of process, Rebecca and Steve discuss the difference between subject matter and personal jurisdiction, and how a court can have personal jurisdiction over a defendant that lives out of state.  In the second half of the episode, learn how some of the special rules that apply to certain subrogation matters can actually make service of process on out of state defendants easier than serving defendants in the same state as the lawsuit.

Service of Process: In-State

What if you had a lawsuit and nobody showed up?  Each State has rules governing the service of process in civil suits filed in their courts.  Join Steve and Rebecca as they discuss how these rules differ depending on who you are serving, and why this process is so important.  Read more…

Graves Amendment

The Graves Amendment was part of a 2005 federal highway bill, and though it is new, it has serious implications for subrogation claims involving rental leasing companies.  Listen to Rebecca Wright and special guest, Jennie Smith-Howard, as they discuss how the Graves Amendment protects rental car companies from certain claims, Read more…

MCS-90

Big trucks require big coverage – at least according to the Motor Carrier Act of 1980, and to make sure that coverage protects the public in accidents involving these big trucks, the Act requires that coverage to include an MCS-90 endorsement.  What is the MCS-90 endorsement, and what does it mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle?  Join Rebecca and Steve as they discuss the MCS-90 endorsement, and how knowing what it says can help you in your negotiations of trucking cases.