On Subrogation

Refresh: Shedding Light on Power Utility Claims

This week, join us as we revisit our episode on Power Utility Claims as a refresher! Original Air Date: October 1, 2021. Electric Utility distribution systems all work as part of a massive infrastructure transporting energy from Generator to End User. Whether installed overhead, underground, or a combination of both, these major structures could cause issue as much as they provide energy. Fire, injury or even death could be the result of a damaged power line. But who is at fault? On this week's episode, join Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] as they shed some light on how these utility pole cases differ from state to state, and who should be held responsible in the event of a mishap.

Subrogation Notices

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 [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] discuss the importance of subrogation notices, what these notices should contain, and how they can protect an insurer's subrogation claim.

Refresh: The eNotary Solution: Notarizing Documents In a Socially-Distanced World

This week, join us as we revisit our episode on eNotary as a refresher! Original Air Date: September 17, 2021 Much to everyone's dismay, the hassle and disruption of Covid-19 disrupted almost every aspect of people's lives worldwide, and the day-to-day handling of files within the subrogation industry was no exception. One task became infinitely harder: notarizing documents. As companies instituted travel bans and limited face-to-face contact to help limit the spread of COVID, our clients asked for help, wondering, "how can we notarize important documents, including releases and affidavits?" On this week's installment, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] discuss the user friendly and cost effective process developed by Rathbone Group that still allows clients to have their documents notarized online without the need of an in person meeting, and how it alleviates the pressure of extending deadlines and delaying settlements for clients nationwide.

Attractive Nuisance

When it comes to vulnerable trespassers, the law recognizes that some dangers are too tempting to ignore. The Attractive Nuisance Doctrine protects children who, because of their youth and lack of judgment, may be drawn to conditions they cannot understand are dangerous. On this week's episode, 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 establishment of this doctrine along with its limitations and how the courts have interpreted and applied this principle. Whether pools of water, machinery, or even construction sites, some dangers are just too tempting to ignore, and the Attractive Nuisance Doctrine reminds us that careful oversight matters.

Refresh: Contributory Negligence: Recovery is Possible

This week, join us as we revisit our episode on Contributory Negligence as a refresher! Original Air Date: September 3, 2021 Contributory negligence is a legal standard that bars a plaintiff from recovering damages if they contributed to their injury. As little as 5% negligence can bar an injured party from recovery in some states, while other states choose not to follow the statute as strictly. In contributory negligence jurisdictions, defendants are often quick to provide reasons they should not be held liable for the damages they cause, but recovery is possible. On this week's episode, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] speaks with attorney Adam Wilk [https://www.rathbonegroup.com/our-people/adam-r-wilk/], who handles subrogation cases in 3 of the five U.S. jurisdictions that apply a contributory negligence standard (Alabama, Maryland, North Carolina, Virginia, and DC). Adam explains how factors such as age, cognitive impairment or conduct of the plaintiff and/or defendant can allow an injured party to fight back against a contributory negligence defense to recover damages.