On Subrogation

Refresh: The Do's and Don'ts of Depositions

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 [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] welcomes special guest, Mark Demian [https://www.rathbonegroup.com/our-people/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.

Bad Gas

Fuel contamination can lead to costly damage, but it can also lead to recovery opportunities. What is needed to successfully prove that a claim was caused by contaminated fuel, and that a service station or distributor is liable for damage to your insured's vehicle? In this episode, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] break down the ins and outs of contaminated fuel claims, from identifying responsible parties to navigating coverage and recovery challenges. Join us as we explore real-world cases, key legal considerations and strategies for maximizing recovery when poor-quality fuel leads to subrogation claims.

Refresh: Daubert & What Makes a Good Expert

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 [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] 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.

Is Your Case Sharp Enough to Pierce the Corporate Veil?

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 [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] 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.

Refresh: The (Made) Whole Truth

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 [https://www.rathbonegroup.com/our-people/steven-alsip/] and Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] 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.