Many states require that subrogation carriers demand the insured’s deductible as part of a pre-suit subrogation demand. For example, in California the Insurance Code requires that subrogating carriers include the insured’s deductible in any demand to a third party tortfeasor,…
Monthly Archives: January 2014
Science Fiction as Reality: The Internet of Things and its Impact on Subrogation
“Hello Dave.” In 1968, director Stanley Kubrick introduced the world to an interactive, albeit maniacal, talking computer named Hal in “2001: A Space Odyssey.” Fast forward to 2013, and not only do such computers generally exist, they are now prevalent…
Tagged with: Internet of Everything, Internet of Things, IoE, IoT, Subro, Subro Round-up, Subrogation
Posted in Uncategorized
Posted in Uncategorized
The Expert Dance – Should Your Expert Lead or Follow?
The timing and sequence for disclosing expert opinions may have a significant impact on recovery. Most subrogation professionals are aware that expert testimony is critical in proving a strict products liability case. But, in addition to the substance of expert…
Tagged with: designation, disclosure, Expert, expert dance, Experts, simultaneous disclosure, staggard disclosure, Subro, Subrogation
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Posted in Uncategorized
Properly Naming Doe Defendants Avoids Statute of Limitations Defenses
What are “Doe” amendments to a complaint? How can Doe amendments avoid statute of limitation defenses? What is the effect of serving one defendant out of many before the statute of limitations runs? Those questions and more are reviewed inPowers…
Tagged with: amendment, doe, relate back, Relation Back, Subro, Subro Round-up, Subrogation
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Posted in Uncategorized
Determining Defendant’s Armed Forces Status Prior to Default Judgment
When a defendant does not answer a complaint, the typical procedure is to move for a default judgment. You should be aware that pursuant to Federal law, the court must determine whether the defendant is a member of the armed…
Tagged with: armed forces, default, military, SCRA, Servicemembers Civil Relief Act, Subro, Subro Round-up
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Posted in Uncategorized
Ten Questions to Ask in Subrogation Cases Involving Leases, Rental Agreements and Other Contracts
For many years sage advice from legal counsel, consumer advocates, and friends has been to “get it in writing.” In subrogation cases, what is “in writing” can have a substantial effect on the viability of recovery. In many subrogation cases,…
Tagged with: additional insured, contracts, lease, rental, rental agreement, Subro, Subro Round-up, subro waiver, Subrogation, subrogation waiver
Posted in Uncategorized
Posted in Uncategorized
