Mar 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...

Mar 10, 2020

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...

Feb 25, 2020

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

Feb 11, 2020

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...

Jan 28, 2020

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...