Podcasts about Subrogation

In the latest episode of Subro Sessions, Matt Ferrie, Gus Sara and Lian Skaf, Partners in the Subrogation Practice Group, continue their new "Top 5" series with their top five best practices for "Things We Would Like to See Our Experts Do at a Joint Site Inspection." The episode highlights the importance of providing concise summaries before processing a scene, sharing vetted facts, maintaining professionalism when adverse parties are present and fostering effective communication throughout the inspection process. Subrogation professionals will gain practical insights that can help experts and legal teams work more effectively together, preserve critical evidence and support stronger recovery outcomes.

In the latest episode of Subro Sessions, Matt Ferrie, Gus Sara and Lian Skaf, Partners in the Subrogation Practice Group, debut a new series for the podcast, called "Top 5." This episode features their top five best practices for Things We Would Like to See from Experts at the Initial Site Inspection. The episode covers fire scene investigations, communications, methodologies, professionalism and effective collaboration with legal teams. Subrogation professionals will hear practical insights that can help investigators strengthen their scene inspections and support stronger outcomes.

Today, we're revisiting another one of 2025's most popular episodes. This particular Unscripted segment uncovers an advocacy topic that generated a lot of attention last year: subrogation. NAMIC CEO Neil Alldredge spoke with Zelle attorney Steve Badger about this important legal recovery process.Today's episode is sponsored by Holborn.

The latest episode of Subro Sessions' "Getting to Know Subro" series, hosted by Partner Lian Skaf, features Marcia Richards, Counsel in the White and Williams Subrogation Department. Originally from England, Marcia brings a global perspective to her practice. In the episode, they discuss her journey into the #subrogation field—from starting as a paralegal to serving as a law clerk to the former Chair of the Subrogation Department—while attending law school as an evening student. She also shares her experiences serving on two committees at the firm today.

A notice of subrogation is the primary and possibly the most critical action taken at the onset of a claim. This notice can serve to preserve the insurer's right of subrogation and prevent a tortfeasor from being able to extinguish a subrogation claim with a release of claims signed by the insured.   On this week's podcast, Rebecca and Steve discuss the importance of subrogation notices, what these notices should contain, and how they can protect an insurer's subrogation claim. 

This week, Meghan and Jen welcome Rebecca Gregg, Director of Claims at Entrusted Administrators & Subrogation

In the most recent episode of Subro Sessions, "Getting to Know Subro" series, Lian Skaf, Partner and host, interviews Matt Ferrie, Partner, who shares tales from his early career and transition to the Subrogation Department at White and Williams LLP. In addition to offering advice along the way to those interested in pursuing the field, Matt also tells stories about his training in boxing and passing on the love of the sport to his family.

Summary:Handling wrongful death cases can be one of the most complex and emotional areas of personal injury law. In this episode of The Effective Lawyer Podcast, Jack Zinda and Max Massey share practical strategies and common pitfalls to help attorneys navigate these challenging cases with confidence. From identifying proper beneficiaries to preparing a compelling jury charge, you'll learn how to maximize case value and achieve justice for grieving families.What You'll Learn in This Episode:How to identify the right wrongful death casesCreating accurate family trees to clarify beneficiary relationshipsManaging conflicts of interest between multiple beneficiariesUsing aggregate settlement agreements effectivelyThe difference between beneficiary claims and estate claimsPreparing a detailed jury charge to increase case valueDiscovery strategies for depositions, interrogatories, and records requestsAvoiding the “liability stipulation” trap at trialHandling missing beneficiaries and subrogation issues at settlementThe role of storytelling in connecting with the jury and maximizing value

In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Michael O'Donnell (Philadelphia) and Ben Migliorino (Denver) to discuss tips on maximizing recoveries in the 4th quarter. Just as a sports game heats up in the 4th quarter, so does the subrogation industry. More specifically, the strategy your team is playing for the first part of the game will suddenly change as the 4th quarter begins, intensifying as we get closer to the final buzzer. Tune in to find out what subro strategies you can implement to ensure you get the subro recovery win before the buzzer. As always, we have also have fun trivia for you along the way.

Join attorneys Bryan Dunton and Cindy Merrell as they discuss what happens when the No Surprises Act collides with subrogation. They explore the practical implications of the legislation, including how it intersects with common recovery models like “pay and chase” and “pend and pay.” This conversation offers valuable insights into how the Act may affect your approach to healthcare claims and reimbursement strategies.

Send us a textIn this episode, spooky season banter quickly gives way to a masterclass on interviewing for fire investigation: open-ended vs. leading questions, letting witnesses talk without interruption, taking notes without breaking rapport, and using scene walk-throughs to correct memory gaps and build timelines. We unpack subrogation in plain English, why early investigator deployment is value-add, and how to avoid bias from client synopses. Real cases include a mid-slope wildland start clarified by witness video, an LA industrial strip with two separate fires hours apart, and a garage Li-ion incident with practical safety takeaways. Tools mentioned include PLAUD for transcription and LLMs for formatting—not for conclusions. We close with “Use It in a Sentence” on ambient, a roundup of WTF Trainings, and a two-fer homework: interview vs. interrogation—what's the difference?Resources mentioned (non-sponsored)PLAUD (Plaud Note) – audio capture/transcription used to create interview transcripts.LLMs (e.g., Gemini/ChatGPT/Claude) – used only to format summaries from transcripts.WTF Trainings (as mentioned on the show)Alabama ATC 2025 — Oct 27–29, Orange Beach, ALFlorida IAAI Chapter (Lake Buena Vista) — Nov 3–6 Idaho Chapter Annual Conference — Nov 4–6, Twin Falls, IDHispano Americano ATC 2025 — Nov 11–14, Santa Martha, ColombiaOhio IAAI Investigation Seminar 2025 — Nov 12–13, OHThank you for listening! If you enjoyed the episode, give us 5 stars, hit the follow button, and subscribe on Spotify, Apple Podcasts, and anywhere you are listening in from. Follow us on social media!Instagram: @infocus_podcastLinkedIn: INFOCUS podcastFacebook: INFOCUS podcastTikTok: @infocus_podcast

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 episode of the Subro Sessions podcast, hosted by David Huberman, Partner, covers the legal measure of property damages to real and personal property, including the legal framework for measuring and proving property damages, diminution in value versus cost of repair, evidentiary requirements and experts, and practical tips and suggestions for subrogation professionals when analyzing the recoverability of property damages.  

Corporations are recognized as legal entities and separate from their shareholders, officers and directors. Does that mean that a corporate owner can never be held liable for the company's wrongdoing?  Of course not!  “Piercing the corporate veil,” refers to the exception to this principle, where courts disregard this separateness and hold an owner responsible for the corporation's actions as if it were their own. On this week's podcast, join Rebecca and Steve as they explore the circumstances in which you can ask the court to ignore the corporate entity, and reach the assets of the owners.  The standards are very high, but if there is enough proof, and your facts are egregious, you may be able to get through a corporate fraud and recovery from the owners' assets.

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.   

Medicare Advantage plans are about to face unprecedented scrutiny as the Centers for Medicare & Medicaid Services (CMS) implements a dramatically expanded approach to RADV audits. Starting in 2025, every Medicare Advantage plan will be subject to contract-level RADV audits—a significant departure from the historical approach of randomly selecting 60 plans annually. During this 17-minute podcast, Deborah Curry, risk adjustment programs director at Medical Mutual. breaks down the critical changes that compliance teams need to prepare for immediately. She offers practical strategies for surviving this new audit environment, emphasizing the importance of designated backup personnel, weekly progress huddles, and careful oversight of vendors retrieving medical records. Whether you're already facing a RADV audit or preparing for the inevitable, this episode provides essential guidance for navigating CMS' aggressive new approach. For deeper insights, join RISE in Tampa, Fla. on October 21-23 for the 26th Risk Adjustment Forum, where Curry will be sharing additional strategies for RADV readiness.About Deborah CurryDeborah Curry, risk adjustment programs director, Medical Mutual, joined Paramount Healthcare in May 2013 and oversees the Risk Adjustment, Coordination of Benefits, and Subrogation departments. Prior to her position with Paramount, she had 21 years' experience working with the State of Ohio workers' compensation program, both for the government and a contracted managed care organization. She came to Paramount with extensive knowledge in medical coding, provider billing and education, Medicare payment methodologies, quality assurance, and regulatory compliance.Curry attended The University of Toledo for both her undergraduate and graduate degrees and currently holds a Master of Business Administration with major in Healthcare Systems Management. She is an active member of the American Health Information Management Association (AHIMA) and is a Registered Health Information Administrator (RHIA) and Certified Coding Specialist, physician based (CCS-P).Curry is also an active member of the America Academy of Professional Coders (AAPC) and is a Certified Risk Adjustment Coder (CRC). She holds certificates as a Risk Adjustment Practitioner (RAP) and Advanced HCC Auditor (AHCCA and serves as a Board Member of the University of Toledo Health Information Administration Advisory Board, Health and Human Services Alumni Affiliate at The University of Toledo, and Health Information Technology Advisory Committee at Owens Community College.About the Risk Adjustment ForumRISE's Risk Adjustment Forum is designed for leaders in risk adjustment, coding, compliance, finance, and analytics across Medicare Advantage, Medicaid, Affordable Care Act, and commercial plans. The three-day event, which will take place Oct. 21-23 at the Grand Hyatt Tampa Bay, will tackle RADV audit ramp‑up and extrapolation, the Big Beautiful Bill Act, V28/RxHCC shifts, internal audit design, and CDI.   

Workers Compensation is a very state specific thing, and recently, we have heard a lot of excited talk about work comp subrogation in Nevada.  That's because the Nevada Supreme Court changed the long-standing common law rules establishing the system for calculating the amount an insurer could recover on a workers compensation claim in a decision handed down in 2024.  Listen in as Rebecca and Steve walk through the rules as they developed in the common law over 38 years, then suddenly changed in 2024, and the legislature's response in 2025, to answer the question: where do Nevada work comp subrogation claims now?

This episode of the Subro Sessions podcast, “Pursuing a Spread Theory,” is hosted by Ron Pingitore, Partner, and Ryan Bennett, Associate. This episode discusses the topic of the applicability of pursuing a spread theory when dealing with a fire loss in subrogation claims. While pursuing a spread theory is more complicated due to added layers of investigation and discovery, it could be the second bite at the apple for recovery.

 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. 

Sometimes, the best evidence to support your subrogation case are records that were created by another company.  Will a court permit these records to be introduced, or are they destined to be barred by the hearsay rule?  Thankfully, the Business Records Doctrine allows a company to enter records previously created by an outside entity into  evidence to prove their case. On this week's episode, Rebecca and Steve discuss what is required to properly introduce these records and how much they can influence a case. Whether invoices, emails or reports from others, find out how these records can become an influential part of a case, and how to determine if your records have the requisite indicia of trustworthiness.

White and Williams has one of the longest-standing Subrogation Practices in the nation. This series of the Subro Sessions podcast entitled “Getting to Know Subro,” is hosted by Lian Skaf, Partner. In the most recent episode, Lian interviews Bill Schmidt, Senior Partner, who will be retiring at the end of August after a 40+ year career practicing law. Bill shares how he plans to spend retirement, his love of basketball and how he started his career, along with tips for subrogation attorneys.

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.

Shane Riedman, president of antifraud analytics at Verisk, discusses trends as outlined in recent company reports highlighting the sharp rise in collision severity, evolving subrogation strategies, and the growing role of data and AI in helping insurers improve speed, accuracy, and recovery outcomes.

The MCS-90 endorsement is a federally mandated provision that essentially transforms an insurance policy into a tool to protect the public. While often misunderstood, this endorsement isn't about shielding the policy holder, but rather ensuring victims are compensated, even when coverage technically doesn't apply.  If the endorsement requires an insurer to pay for damages that wouldn't have been covered, however, they are not totally without options.  Instead, they are placed in the unusual position of having a claim against their own insured.  On this week's episode, Rebecca and Steve explore the interesting avenues for recovery when an MCS-90 endorsement  results in payment outside of a policy, and how this endorsement allows for recovery from your insured. 

This week, join us as we revisit our episode on MCS-90 for a refresher! Original Air Date: July 30, 2019. Big trucks require big coverage – at least according to the Motor Carrier Act of 1980.  To make sure that coverage protects the public in accidents involving these big trucks, the Act requires that coverage to include an MCS-90 endorsement.  What is the MCS-90 endorsement, and what does it mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle?  Join Rebecca and Steve as they discuss the MCS-90 endorsement, and how knowing what it says can help you in your negotiations of trucking cases. You can find more information on the Financial Responsibility Requirements for large or hazardous vehicles on the Federal Motor Carrier Safety Administration's website, and the Form MCS-90 Endorsement here.

Subrogation damages, like most civil lawsuits, are a matter of proof.  You need evidence to prove that you and your insured suffered the losses you are claiming.  So what happens when those losses are not for damaged property or medical bills, but for lost profits?  Can you ask the court to look into the future to pay for sales your insured would have made, but for the incident at issue?  On this week's episode, Rebecca and Steve explore real scenarios to guide listeners through the legal standards that shape these complex claims and break down the core elements behind successful lost profit recovery cases.  Whether the insured business is a long-term established entity, or a brand new storefront, you may be able to successfully recover lost profits, as long as you have receipts. 

This week at NSTA: The Bus Stop - Executive Director Curt Macysyn welcomes back Rudd Lowry, who now serves as CEO of Downtime Subrogation. Rudd shares his professional journey and the path that led him to this step in his career, and he outlines pivotal challenges and opportunities he encountered in launching the company. Curt and Rudd provide an overview of Downtime Subrogation's mission and services, emphasizing how the company supports school bus contractors in recovering losses related to vehicle downtime. The conversation continues with Rudd outlining his key industry partners and describing what makes an ideal client relationship. Lastly, the duo explore current changes in the industry, insurance trends, and economic shifts impacting downtime recovery—and how Downtime Subrogation has remains proactive in adapting to these changes. Become a podcast subscriber and don't miss an episode of NSTA: The Bus Stop - NSTA Vendor Partners should reach out to us to take advantage of our comprehensive advertising package that reaches your target audience - student transportation professionals!Support the show

This week, join us as we revisit our episode on Third Party: Government Entities as a refresher! Original Air Date: May14, 2021 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.

White and Williams has one of the longest-standing Subrogation Practices in the nation. This series of the Subro Sessions podcast, entitled “Getting to Know Subro,” is hosted by Partner, Lian Skaf. In this episode, Lian interviews Associate, Katherine Dempsey, a member of the Subrogation Department, to discuss how she chose the area of Subrogation law to launch her legal career, her focus on family, and how she spends time out of the office sharing cooking tips and recipes on her "Finsta" account.

This episode of the Subro Sessions podcast, “The Lease Says What? A Closer Look at the Sutton Doctrine in Michigan,” is hosted by Katherine Dempsey, Melissa Kenney and Zachariah Sigda, Associates. This episode discusses the topic of the applicability of the Sutton Doctrine in states where this law is viewed on a case-by-case basis for subrogation claims related to property damage matters involving landlords and tenants.

Most automobile subrogation cases are the result of negligence, but when the tortfeasor's driving was reckless or intentional, we sometimes call it Road Rage.  Though a road rage incident may seem like an easy case, it often  proves to be quite complex, calling into question whether the opposing  insurance carrier can deny coverage, potential assumption of risk, or even if an employer could be held responsible for an employee's rageful driving. In this week's episode, Rebecca and Steve explore what really happens when road rage turns into a legal battle and break down real legal concepts with insight into how the law handles anger on the asphalt.

Tony chats with Cortney Helfrich, Chair of the RISE Education Committee, they have been doing AWESOME work that you should not miss. They are starting to create an Introductory Certificate Program for Insurance which will cover Auto, Property, and Subrogation with much more to come.Cortney Helfrich: https://www.linkedin.com/in/cortney-helfrich-scla-gold-5b5b675b/RISE: https://riseprofessionals.com/RISE Leadership Summit: https://riseprofessionals.com/events/2025-leadership-summit-awards-gala/Prior episode with Amy Cooper about RISE and the 2025 Leadership Summit: https://youtu.be/tZna3bCi88U?si=vN3k_Xjlhh3UUHn_Tier List of Insurance Roles Video: https://youtu.be/lhV29iM_n5A?si=-_PDaWmOS5HBuvmjVideo Version: https://youtu.be/c3jgPCyhN8g

The Law of Rebuilding LA Episode 29: Dealing with insurance subrogation claims by

This week, join us as we revisit our episode on Third Party: Dram Shop & Social Host as a refresher! Original Air Date: April 30, 2021 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. 

Lawsuits can often take years to conclude, and as life goes on, sometimes it could come to the inevitable end for people involved in the case. But what happens if a deceased individual could bring value to a case? Can testimony about their communications be presented to the court from  beyond the grave? On this week's installment, join Rebecca and Steve as they explore this quirky, and sometimes frustrating, rule about how a witnesses' passing could derail a case and just how to navigate the challenge of death in a subrogation case.

This episode of the Subro Sessions podcast, the second in the two-part series entitled: “Speak Now or Forever Sign That Release - Part 2,” is hosted by Gus Sara and Lian Skaf, Partners. This episode discusses the topic of subrogation releases including guidance on writing indemnification provisions, what constitutes a valid subrogation claim by a carrier, and how to limit exposure while ensuring fairness and protection for all parties involved.

This week, join us as we revisit our episode on Third Party: Employer Liability as a refresher! Original Air Date: April 16, 2021 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.

When property owners fail to maintain their buildings or equipment, the damage can be costly, and even dangerous. Once you have identified that negligent maintenance was the cause of your insured's claim, you often run into the added hurdle of maintenance agreements that seem to shift the responsibility between various potential tortfeasors.  What does this mean for your subrogation rights? On this week's podcast, join Rebecca and Steve as they discuss the nuances of negligent maintenance and how it applies in property claims. From structure fires to faulty HVAC systems, discover the elements necessary to prove these claims and recover damages and whether subrogation rights can be waived if damages were caused by gross negligence.

This week, join us as we revisit our episode on Negligent Maintenance in Auto Claims as a refresher, then join us for our next new episode, Negligent Maintenance in Property Claims! Original Air Date: March 24,2023 That little “Maintenance Required” light on the dashboard - it's something everyone dreads. Even worse, what if maintenance was completed as required, but not completed properly? Maintenance reminders and having them completed at a reputable shop can make or break your position in an accident. On this week's podcast, Rebecca and Steve discuss what happens when an accident occurs as a result of negligent maintenance. Owners are required to properly maintain their vehicles, but how can you prove that an owner was negligent in failing to perform routine maintenance?  What happens if it's the mechanic's fault for shoddily performing that work?  Whether passenger vehicles or heavy trucks, listen in to discover how to identify responsible parties and recover on claims for negligent maintenance. 

This episode of the Subro Sessions podcast, the first of a two-part series entitled: “Speak Now or Forever Sign That Release - Part 1,” is hosted by Gus Sara and Lian Skaf, Partners. This episode discusses the topic of subrogation settlement releases including guidance for the parties that draft the releases, obstacles that subrogation professionals typically run into, inclusion of the insured as a signatory and suggestions on specific language to use in the settlement process.

Gifts may be nice in your personal life, but in the world of subrogation a voluntary payment can turn an insurer into an  “officious intermeddler,” without a right to recovery. What makes a payment voluntary, and who is responsible for proving it? On this week's episode, join Rebecca and Steve as they discuss contract language, what the parties knew and when they knew it, and when issues of public policy come into play to make sure that your good claim handling does not turn into an unrecoverable gift.

Episode 803: Today we're uncovering subrogation. We'll sit down with Steve Badger, attorney at Zelle, to discuss why the legal recovery process is important for insurers and how a Supreme Court decision in Hawaii prohibiting this measure could set a dangerous precedent.Plus, California approves FAIR Plan request to assess insurers $1 billion for wildfire claims. How the assessment highlights the pressing need for regulatory reform in the state.This week's episode is sponsored by Holborn.

This week, join us as we revisit our episode on evaluating your claims throughout the investigation process as a refresher! Original Air Date: April 2,2021 As that great American philosopher, Kenny Rogers, 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.

In our previous episode, we refreshed our 2021 episode on service by social media.  As predicted in that episode, adoption of these types of service has spread. Over the years, American's engagement in online activities have grown and they will continue to grow for years to come. So, if we are trying to make defendants aware of a pending lawsuit, what better place to look for them than the internet? On this week's episode, join Rebecca and Steve as they explain the innovations made to the online service process and discuss how, under the right circumstances, requests to use a defendant's social media account as an alternative means of effectuating service of process will be granted by U.S. courts

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.

How does Texas balance efficiency with fairness in its courts? For one thing, it has implemented an expedited system for court cases, including subrogation cases, seeking monetary relief of less than $250k. Another interesting method is its 2-week trial docket, employed by the larger Texas counties.  These rules do mean that cases don't languish as they can in other jurisdictions, but they also create their own challenges for practicing in the Lonestar State. On this week's episode, Rebecca and Steve are joined by fellow partner, Jessica Lobes, as they discuss attorney strategies and tips for navigating these fast paced proceedings. Join us as we discuss best practices to set your Texas subrogation case up for success. 

This week, join us as we revisit our episode on animals in the road. Original Air Date: March 24, 2020. 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.

TNT – it's not just for cartoon coyotes, but what happens when explosives are used in the real world… and cause damage to your insured?  Blasting with explosives is common in mining operations, construction and roadwork, but blasting, not surprisingly, can cause damage.  Whether by noise, pollution, vibration, or flying debris, when these blasting activities cause damage, does the public just have to sit back and endure it? On this week's episode, join Rebecca and Steve as they dig deep into case law on when and how to bring actions to recover for damages caused by public nuisance. 

In subrogation, we typically deal with torts.  Generally, these are based on negligence, which means that the central question is one of causation: we must prove that the Defendant's actions or failure to act were both the actual and proximate cause of the Plaintiff's damages.  But what if there are not one, but two negligent defendants?  That may sound like a great problem to have, but when you can't prove which defendant's breach caused the plaintiff's harm, meeting the causation requirement can get tricky. On this week's episode, join Rebecca and Steve as they sort out two very useful rules: the unascertainable cause and the merged causes tests, which you can use to get to judgment when you have too many tortfeasors acting too negligently.  If they all did it, can they get away … with negligence? 

This week, join us as we revisit our episode on 3rd Party: Owner & Vicarious Liability Original Air Date: March 5, 2021 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!