Created with Sketch.
53 minutes | 8 days ago
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.
39 minutes | 22 days ago
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/
48 minutes | a month ago
Know When to Walk Away
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. Listen to more podcasts at https://rathbonegroup.libsyn.com
44 minutes | 2 months ago
Third-Party Liability: Defenses
What happens when some else causes an accident while driving your car? Are you liable for the damages caused by this irresponsible driver? Our most recent podcast launched a new series on third-party liability. Today, Steve and Rebecca pick up with our second installment, defenses raised by third party owners. In addition to the usual negligence defenses, owners raise additional arguments to challenge their own liability. Using multi-state case law as real-life examples, Steve and Rebecca travel from Oregon to Washington, DC to explain how to address these defenses, from shifting the burden of proof, to proving ownership, to key-in-ignition statutes that attach liability to the owner even if the vehicle was stolen. If you missed our first episode on third party liability, check out our previous episode. Do you have claims involving car and truck rental companies? Don't miss our podcast on the Graves Amendment, or head to our YouTube channel for a Graves Amendment video. Be sure to rate, review, and subscribe to On Subrogation, so you can keep up with all the latest episodes. Questions or comments about this podcast? Contact us at email@example.com.
47 minutes | 2 months ago
Third-Party Liability: Owners & Vicarious Liability
How do you recover damages if your tort driver is uninsured, underinsured, or otherwise uncollectable? What is the risk to lending your car to your drunk friend? (spoiler: don't do this). In this, our first in a multi-part series on third-party liability, Steve and Rebecca discuss when and how the owner of a vehicle will be vicariously liable for damages cased by a different driver, by statute, common law, or by negligent entrustment. As a bonus, learn some great arguments for why you can't loan your car to your cousin, the terrible driver. Be sure to favorite or subscribe to the On Subrogation podcast so that you can catch the next episodes on other types of third-party liability!
40 minutes | 3 months ago
Tag, You're It! Service by Social Media and E-mail
Service of process just joined the digital age, in two jurisdictions, anyway. Alaska, in 2019, and now Texas, in 2021, officially allow litigants to serve summons' via social mail, e-mail, and other electronic means. Just like everything else on the internet, though, these new service rules are not as simple as they seem. Listen as Rebecca and Steve discuss the requirements for social media or electronic service, pitfalls to avoid, and how you can use these tools to serve your subrogation defendants online. Want to see more? Check out our YouTube video on Service by Social Media. For more on Service of Process, you can listen to our podcast episodes on serving In-State Defendants, Out-of-State Defendants, and International Defendants.
51 minutes | a year ago
Hold Your Horses: Animals at Large
You've seen it before - you're insured was minding her own business, driving down the highway, when suddenly, there's a cow in the road! Or a horse! Or a ... goose? She swerves and... you have a damages claim to subrogate. Is the owner of an animal running at large liable for the damages that animal caused? It depends. In this episode, Steve and Rebecca discuss the cases of animals in the road and animals running at large, and how the laws regarding liability for the damages caused by these animals differs from state to state, and even from town to town. Learn about open range states, fence in states, and what kind of proof you need to recover when your insured is damaged by animals on the loose. For more on open range laws, check out our YouTube video, Livestock Liability in Open and Closed Range States. For more information about animal claims, check out our episode, When Animals Attack! - Dog Bites. Note that due to the issues surrounding COVID-19, we are suspending posting new content, so this will be our last new episode of On Subrogation for a little while. Rathbone Group, LLC is open for business, and you can still submit your questions or file referrals to us at firstname.lastname@example.org. Stay well!
57 minutes | a year ago
When Animals Attack! Dog Bites
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 email@example.com. Want more information about animal cases? Check out our next episode, Hold Your Horses: Animals at Large! to be published on March 24, 2020.
37 minutes | a year ago
Service Contracts Limit Liability: Should This Set Off Alarm Bells?
What happens when an alarm system doesn't work like it should? Damages can be high, but are those damages recoverable? Alarm companies frequently rely on liquidated damages provisions, limitations on liability, anti-subrogation clauses, and other exculpatory clauses to avoid liability. Do the courts agree? Join Steve and Rebecca as they discuss whether these claims are recoverable, and what you need to know to figure that out.
24 minutes | a year ago
Say Cheese: What Happens When You Don't Control Your Proof
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.
47 minutes | a year ago
Collateral Source Rule: Citation Not Needed
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. The post Collateral Source Rule: Citation Not Needed appeared first on Rathbone Group, LLC.
42 minutes | a year ago
When is a Judgment not a Judgment?
You’ve worked your file, filed suit, obtained service, filed your motions, and obtained a judgment. Now, the defendant wants to get out of that judgment. Can he do that? The answer is: sometimes. Listen in as Rebecca and Steve discuss what happens when a defendant files a Motion for Relief from Judgment, when such a motion will succeed in overcoming your judgment, and what happens next. For more on the litigation process in subrogation cases, listen to our episodes on In-State, Out-of-State, and International Service of Process, Motions for Default Judgment, and Motions for Summary Judgment. The post When is a Judgment not a Judgment? appeared first on Rathbone Group, LLC.
29 minutes | a year ago
Excess Baggage: Dealing with Underinsured Tortfeasors
What happens when the tortfeasor who caused your damages has some insurance coverage, but not enough? Just because the tortfeasor doesn’t have enough insurance, doesn’t mean the tortfeasor isn’t liable for the full amount of the damages he caused. Whether it is state minimum coverage, multiple injured parties, or just a loss that results in a large amount of damages, dealing with this blend of insured and uninsured in the same tortfeasor requires special handling. Join Rebecca and Steve as they discuss how these circumstances differ from state to state, and what to watch out for if you want to preserve your claim for excess. Looking for more? Check out our YouTube Video: Subrogating Underinsured Tortfeasors. The post Excess Baggage: Dealing with Underinsured Tortfeasors appeared first on Rathbone Group, LLC.
22 minutes | a year ago
Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages
You’ve probably heard this before: “Wait! You can’t sue for your insured’s medical damages. She wasn’t wearing a seat belt and that’s against the law!” All but one U.S. state have laws requiring occupants of motor vehicles to wear seat belts, and at least 15 of them recognize the seat belt defense. In this episode, Rebecca sits down with Michael Markushewski, Chief Technical Officer at ARCCA, to talk about how you can use more than your insured’s statements to respond to this defense, what kinds of seat belts actually provide protection and in what types of collisions, and how this kind of research arose out of helicopter ejection seats and professional hockey players. Want to see more? Head to our YouTube channel for a video on Seat Belts and Subro: How Vehicle Restraints Affect Damages. The post Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages appeared first on Rathbone Group, LLC.
12 minutes | a year ago
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, Attorney at Law, to discuss how an insured’s out of pocket damages can impact a subrogation case. You can also watch the video version of this interview on our YouTube channel, dropping Friday, December 6. The post Subrogation When Your Insured has Out of Pockets appeared first on Rathbone Group, LLC.
11 minutes | a year ago
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. Want to see more? Head to our YouTube channel for a video on Best Practices in Scene Investigation. The post What’s New, Veritas: Developments in Scene Investigation and Appliance Cases appeared first on Rathbone Group, LLC.
29 minutes | 2 years ago
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. The post Motions for Summary Judgment appeared first on Rathbone Group, LLC.
38 minutes | 2 years ago
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. The post Motions for Default Judgment appeared first on Rathbone Group, LLC.
53 minutes | 2 years ago
Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company
Can an online marketplace be liable for damages caused by a third-party vendor’s product? The answer is, maybe. Join Rebecca and Steve as they discuss the recent court decisions that are calling into question Amazon’s immunity from liability for damages caused by products they sell on their site, and what these cases mean for the future of products liability cases in the world of online retailers. You can read the courts’ opinions here: Fox v. Amazon.com Inc., 2019 WL 2896326 (6th Cir. No. 18-5661, 2019) Oberdorf v. Amazon.com Inc., 2019 WL 2849153 (3rd Cir. No. 18-1041, 2019) (Note that on August 23, 2019, the Third Circuit Court of Appeals granted a petition for rehearing. The Court vacated this July 3, 2019 Opinion, and will rehear the matter at a later date. We will release an update once the Third Circuit enters a new opinion.) The post Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company appeared first on Rathbone Group, LLC.
27 minutes | 2 years ago
Service of Process: International Defendants (Hague Convention)
In this, the third exciting installment of our suite on Service of Process, Steve and Rebecca discuss the proper processes for effectuating service on Defendants located outside of the country where suit is being filed. Listen in as the explain how the Hague Convention streamlines the process, what options you have besides the methods specified in that document, and what to do if the country where the Defendant resides is not a signatory to it. For an up-to-date list of signatory states to the Hague Convention, including which methods of service they accept, visit the World Organisation for Cross-border Co-operation in Civil and Commercial Matters (HCCH). You can find the State Department’s recommendations on international service, including contact information for foreign plaintiffs serving process on US entities, at their website, here. Check our episodes on In-State and Out-of-State Service for more information on this important part of the litigation process. The post Service of Process: International Defendants (Hague Convention) appeared first on Rathbone Group, LLC.
Terms of Service
Do Not Sell My Personal Information
© Stitcher 2021