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!
Anti-Subrogation Rule: Don’t Bite the Hand that Feeds You
The idea that an insurance company cannot subrogate against its own insureds seems like common sense, but is this a hard-and-fast rule? What happens when an insurance company tries to seek reimbursement for medical expenses paid to their insured when they also insure the tortfeasor who caused those injuries? What if that insured seeks her own recovery against the tortfeasor for the same medical expenses? What if an insured’s intentional act was the cause of serious injuries or death? Does their insurance company have a right to subrogate to recover those amounts from their insured?
In this installment in our series, follow Rebecca and Steve as they navigate the anti-subrogation rule and explain why insurance carriers cannot typically subrogate against their own insureds, and when such actions may be permitted.
The (Made) Whole Truth
The Made Whole Doctrine protects an insured’s right to recovery before recovery is collected by its insurer. But what if the tortfeasor does not have enough insurance to cover the loss? Is the insured entitled to recovery for pain and suffering? And the ultimate question, when is the insured considered fully compensated for the loss?
Being “made whole” varies even in those states that do apply the Made Whole Doctrine. Listen as Steve and Rebecca lead you through several states’ application of the doctrine, from those that require a legal determination that the insured has been made whole before any subrogation recovery, to those that parse out the doctrine based on damage types, to those that reject it entirely.
Third Party Liability- Government Entities
Federal and State Governments are powerful entities. But are they so powerful that they can never be sued for damages?
In this installment in our series on third party liability, join Rebecca and Steve as they explain why sovereign immunity can be a liability for your case if your third party is a government entity. The special forums for these claims, the special rules, time limits, and notice requirements that apply, and whether the entity can be sued for subrogation at all depend on which state or political subdivision is at fault. So buckle up and take notes for your next cross country claim.
The Tipsy Podcast: Dram Shop and Social Host Laws
You’ve seen it before: drinks flowing at your local bar on busy Saturday night. A patron who’s had too much leaves behind the wheel. If this person goes on to cause an accident, can the bar owner or bartender be held responsible for serving too much? What if it’s a house party, instead of a bar? The answer is, they might be.
Sit back and drink up this intoxicating subject as Steve and Rebecca use multi-state case law as real examples for when someone other than the inebriated party can be held responsible for a victims’ injuries. From dram shop laws creating liability for bar owners, to social host laws that do the same for homeowners, use this episode as one more reason to take the keys from your own guests who have had too much.
Each week, we bring you free education and advice on legal issues related to subrogation law. Listen to more podcasts at https://rathbonegroup.libsyn.com.
Third-Party Liability: Frolicking Employees
A tortfeasor goes on a donut run driving the company car and causes an accident with your insured. Can the insured - or her insurance company - also recover damages from the company? The answer is, “it depends.”
Rebecca and Steve return to explain the factors that turn an employee’s actions from a frolic into a detour, a single liable tortfeasor into a viable claim against the employer, via the doctrine of respondeat superior. What is within the course and scope of employment, when is an errand a frolic instead of a detour, and how can you prove this person was an employee in the first place? Listen to learn the tools you need to determine whether or not an employer has exposure when their employees cause damage both inside and outside the workplace.
Each week, we bring you free education and advice on legal issues related to subrogation law. Listen to more podcasts at https://rathbonegroup.libsyn.com
Learn more about us:
Rebecca Wright: https://www.rathbonegroup.com/our-people/rebecca-w-wright/
Steve Alsip: https://www.rathbonegroup.com/our-people/steven-alsip/
Know When to Walk Away: When a Great Looking Claim is Really a Liability
As that great American philosopher, Kenny Loggins, once sang,
"You got to know when to hold 'em, know when to fold 'em"
But how do you know when to walk away? Join Rebecca and Steve as they walk through the process of evaluating a claim that looked great on intake, to tease out whether or not it was a good bet as a subrogation case for the client. From determining the filing jurisdiction, to identifying claims and challenges, learn the steps to take to evaluate the cards you were dealt.
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?