On Subrogation Rathbone Group, LLC

This week, join us as we revisit our episode on When Animals Attack as a refresher!
Original Air Date: March 10, 2020
People love their pets, but sometimes, pets don't love other people.  What happens when your insured is attacked by an animal?  Is the owner liable?  What do you need to prove, and what defenses might you face?  Is there really such a thing as a "one-bite" rule?  Join Rebecca and Steve as they survey several states to discuss some dogs that were not good boys. You can find a list of states and their dog owner liability statutes, or lack thereof, here.  Rathbone Group, LLC does not own, contribute to, nor maintain the alllaw.com site.  You should consult an attorney for legal advice and statutory interpretation.  Feel free to contact us for more information on this or any other topic at podcast@rathbonegroup.com. 

In the world of subrogation, setting your claim up for successful litigation does not begin with the filing of a complaint.  Beyond preserving evidence, there are certain statutory requirements that plaintiffs in some claims must satisfy before the suit even begins.  If your claim involves a claim that a construction company or contractor failed in their responsibilities, you may have to give them a chance to fix the problem.  Not every state recognizes the Right to Repair or Right to Cure, but when it comes to construction defect cases, you need to know if your jurisdiction does.   
On this week’s episode, Rebecca and Steve discuss the notice requirements, opportunity to inspect, and the tortfeasor’s right to settle or repair a defect, and when your insured may be required to continue to work with a contractor, even after everything has gone wrong.   

This week, join us as we revisit our episode on When You Don’t Control Your Proof as a refresher!
Original Air Date: February 11, 2020
Plaintiffs have to be able to prove their cases.  It's true for individual litigants and subrogated carriers, but sometimes, you don't actually own your proof, you don't control it, and that can wreak havoc on your file.  On this episode, Rebecca forces Steve to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.

The latest connected item in the internet of things is license plates.  While only available for purchase in four states, they are legal to drive with in all 50 states and allow drivers to customize their plate along with ease the registration process.
Digitizing all aspects of life typically seems enticing, but do these digital license plates call personal privacy into question? From the pros of more  easily recovering stolen vehicles, to concerns about tracking movements,  join Rebecca and Steve on this week’s episode as they navigate this new technology.

This week, join us as we revisit our episode on The Collateral Source Rule as a refresher!
Original Air Date: January 28, 2020
 
It’s a noun!  It’s an adjective!  It’s a rule of damages!  It’s a rule of evidence!  The Collateral Source Rule is all of these things and more.  Join Rebecca and Steve as they discuss the two different but related facets of the Collateral Source Rule, and why it is so common in subrogation cases, where subrogated carriers often are the collateral source at issue.

Arguments about who had the “last clear chance” get thrown around a lot in the auto subrogation world, but Last Clear Chance is a legal term of art that limits the harshness of contributory negligence rules.  Whether your jurisdiction refers to it as the Doctrine of Discovered Peril, the Doctrine of Supervening Negligence, or even the Humanitarian Doctrine, the effect is the same: a Defendant cannot shield himself with contributory negligence if he had the opportunity to avoid the harm to the plaintiff. 
On this week’s episode, Rebecca and Steve take some time to explain the elements required to successfully invoke the Last Clear Chance Doctrine.  Join us to discover how and where this doctrine will allow you to recover on your claim in a contributory negligence state, and when this argument doesn’t stand a chance.