On Subrogation

This week, join us as we revisit our episode on Roofing Cases as a refresher! Original Air Date: August 20, 2021. Most of us are lucky enough to live and work with a roof over our head. But who's to blame when that roof is damaged or defective? Is it the installer's responsibility? Or does the accountability come straight from the source at the manufacturer? Is there someone else to consider? It may be all three. From improper installation to storm damage and even intentional acts, roof damage and the resulting liability is complex. On this week's installment, Rebecca and Steve peel back the layers of roofing claims and navigate who is responsible when a roof is defective or contributes to property damage or physical harm.

This week, join us as we revisit our episode on The Do's and Don'ts of Depositions. Original Air Date: July 9, 2021. Whether you are testifying in your personal capacity or on behalf of an insurance company, being deposed can be nerve-wracking. Proficient opposing counsel will work to find inconsistencies and prey on weak testimony to discredit a witness, and both sides will judge the witness to evaluate settlement positions. Lack of preparation can mean missing out on resolving the matter before trial, and can harm the case before the jury is even seated. But it doesn't have to be that way! This week, Rebecca welcomes special guest, Mark Demian, for a how-to guide for deponents or witness who are being deposed regarding an insurance claim. Mark provides simple and effective guidelines to encourage successful and effective testimony.

This week, join us as we revisit our episode on Daubert and What Makes a Good Expert! Original Air Date: June 25, 2021. Witnesses can testify based on what they saw and heard or they can be called to the stand with expert knowledge supported by scientific data or specialized training. But expert witnesses must satisfy the court with more than a good resume – they must also show that the methodology they used to draw their conclusions are sound. On this week's installment, join Rebecca and Steve as they discuss the evolution of trial court standards for admitting expert testimony, from the Frye test, to the Daubert standard and beyond, and discuss what you should look for in a good expert witness.

This week, join us as we revisit our episode on the Made Whole Doctrine for a refresher! Original Air Date: May 28, 2021. 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.

This week, join us as we revisit our episode on the Anti-Subrogation Rule for a refresher! Original Air Date: June 11, 2021. 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.

This week, join us as we revisit our episode on Hearsay for a refresher! Original Air Date: July 23, 2021. Rumor has it…there are times when the evidence you are seeking to introduce in court does not come from a witness there in court, but by someone who heard something that someone else said. If you are seeking to introduce this evidence to prove the truth of what was heard, then what you have is hearsay. Contrary to what you may have heard, hearsay isn't always inadmissible, and sometimes, hearsay isn't even (technically) hearsay. As usual, it depends – on whether the speaker is available, when and why they were speaking, and what motivated that statement. On this week's installment, Rebecca and Steve navigate the hearsay rule, its exceptions, and the exceptions to those exceptions to provide insight on precisely when out of court statements can be deemed admissible and when a court should refuse to play telephone.