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, and share subrogation recoveries on a proportionate basis with the insured, unless the insured already...

“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 in everyday items, including in the iPhone. With “Hello, Siri,” science fiction has become reality....

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 testimony, the timing and sequence of disclosing your expert’s testimony may also be critical. Expert...

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 v. W.B. Mobile Servs., Inc. 311 P.2d 58, 2013 WL 5645561 (2013), Division Two of The...

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 forces before entering default judgment. Pursuant to The Servicemembers Civil Relief Act (SCRA), the court...

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, the recovery specialist is confronted with one or more “writings,” including a lease, rental agreement,...