Have you been looking for a podcast that focuses on insurance subrogation? Of course you have, and here you are! On Subrogation is brought to you by national subrogation law firm, Rathbone Group, LLC, and hosted by experienced litigators, who focus their practice on subrogation. It is the podcast about how to recover your damages from the people who caused them.
Topics span litigation, claims, and many more.
To ask questions or suggest future topics, e-mail us at email@example.com.
Special thanks to Ralph DiSylvestro for our intro and outro music!
A warranty is a statement by a seller, regarding the quality or character of goods sold. Whether express or implied, these representations can be enforceable to recover on your subrogation claim when something goes wrong, but unlike a standard subrogation tort claim, the warranty claim is a matter of contract. What happens when a warranty is breached?
On this week’s installment, Rebecca and Steve dive deep into the promise of a product or service and what steps can be taken when that promise is broken. From express warranties to warranties of fitness and merchantability, disclaimers, and damage limitations, find out what factors can provide additional avenues for recovery.
Refresh: Protecting the Claim File
This week, join us as we revisit our episode on Protecting the Claim File for a refresher!
Original Airdate: December 4, 2018
Do you have to turn over your client’s entire claim file in the discovery process? NO! Or at least, usually not. Join Rebecca and Steve as they discuss what can and cannot be protected via privilege, what probably has to go, and what you may want to disclose from the claim file to reach the best result in your subrogation case.
Accord and Satisfaction: When a check is a trap!
When a you receive a random, unexpected payment for half of your subrogation claim, you might think, "hooray! Now I only have to recover the remaining half. That was easy!" But beware - if that payment has limiting language like, "payment in full" or there is a letter along with it, you may be in trouble.
When can these surprise payments count as a settlement? And why do settlements count as settlements, anyhow? The answer is the doctrine of accord and satisfaction. Listen in as Rebecca and Steve talk about what is really required for a claim of accord and satisfaction, when you can accept the payment, and why a settlement settles the claim.
Refresh: Tree Falling
This week, join us as we revisit our episode on Tree Falling for a refresher!
Original Air Date: November 13, 2018
If a tree falls across a property line, and no one is around to hear it, is anyone liable? Someone is, but to determine who, you have to do some detective work and know about the laws in that state. Join Steve and Rebecca as they see the forest, the trees, and help you see the potential subrogation recoveries for tree falling cases.
Conversion - Tricky Little Theft
What do a teenager stealing a van, a granddaughter transferring money out of her grandmother's account, and a home builder who failed to complete a custom home in time have in common? They were all sued for conversion. But what is conversion, anyway? In this episode, Rebecca and Steve discuss this specific type of tort, and the elements you need to plead and prove to succeed on a claim of conversion. From misunderstandings to breaches of contract to outright theft, find out how to recover if your subrogation claim is based on this tricky little tort.
Refresh: What is Subrogation?
This week, join us as we revisit our episode on What is Subrogation? for a refresher!
Original Air Date: October 30, 2018
Do your friends and family wonder what it is you do all day? Or, is subrogation just a small or new part of your work and you’re wondering what you’ve gotten yourself into? Have you stumbled into this podcast by accident and wonder what it’s all about? Well, this is the episode for you! Join Rebecca and Steve as they get into the backstory of subrogation (and some of their own).
I did a search on my store and was pleasantly surprise to find your podcast. I recently found myself handling a slew of subro cases and had little idea what it was all about. This has been a great primer. Thanks!
I was wondering if any of your prior podcasts ever touched upon the “anti-subrogation rule” and if not, perhaps a future podcast could address it?
Jeff from NYC?