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 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 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 […]
The initial investigation in an insurance claim sets the foundation for later subrogation of said claim. There is no such thing as collecting too much information on an incident, as there is no such thing as gathering too much support for your argument for subrogation recovery. Robust investigations are a hallmark of Rathbone Group’s subrogation […]
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 […]
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 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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 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 […]