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On Subrogation

On Subrogation

Hosted by Rathbone Group, LLC

BusinessExplicit

Episodes

100

Latest episode

Jun 2026

Language

EN-US

About the show

Have you been looking for a podcast that focuses on insurance subrogation? Of course you have, and here you are! On Subrogation is brought to you by national subrogation law firm, Rathbone Group, LLC, and hosted by experienced litigators, who focus their practice on subrogation. It is the podcast about how to recover your damages from the people who caused them. Topics span litigation, claims, and many more. To ask questions or suggest future topics, e-mail us at podcast@rathbonegroup.com. Special thanks to Ralph DiSylvestro for our intro and outro music!

Listen to episodes

60 recent
June 12, 20261 hr 2 min

Distracted Driving

Everyone should pay attention while driving, but cell phones, a crying baby in the back seat, checking for loose change, or trying to read a map, all work to shift a driver's focus away from the road. When distraction is the cause of an accident, how can you prove your subrogation claim against the distracted driver? On this week's episode, follow Rebecca and Steve and they discuss different types of distractions that have been the main culprit of an accident and just what evidence can be used when proving your negligence case.

May 29, 202633 min

Refresh: Common Fund Doctrine- Sharing the Cost

This week, join us as we revisit our episode on Common Fund Doctrine as a refresher! Original Air Date: November 21,2021. The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly.  Those who will benefit from the common fund of the recovery must share in the cost of obtaining it.  Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason.  On this week's installment, Rebecca is joined by fellow attorney, Jason Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien.

May 15, 202646 min

Subpoena-ing Social Media Companies

Everyone from your parents to your coworkers to local small businesses has some sort of presence on the internet,  but can you use social media to locate tortfeasors in your lawsuits?  Is social media an easy way to track down your defendants? The answer depends on the jurisdiction, and whether or not the courts there think that the social media company is shielded by the Stored Communications Act.  On this week's episode, Rebecca and Steve discuss obtaining information from social media companies, and how different jurisdictions apply the Stored Communications Act to social media companies and the information they possess, as well as steps to prepare subpoenas and the information that is required for a successful request

May 1, 202645 min

Refresh: Post-Judgment Executions: How to Secure Your Recovery After Judgment

This week, join us as we revisit our episode on Post-Judgment Executions as a refresher! Original Air Date: October 29,2021. You've fought the hard fight and prevailed, securing a judgment. The hard part is in the past, right? Not necessarily. Obtaining recovery against an uninsured or underinsured tortfeasor can be an uphill battle. In all areas of subrogation, thousands of dollars in unpaid judgments go untouched and sometimes expire. This does not have to be the case. Once you secure a money judgment, you have a right to obtain a recovery, via liens, garnishments, suspensions, and other means. In this week's installment, join Rebecca and Steve as they help navigate the options to securing your hard earned recovery from a less than cooperative Defendant.

April 17, 202659 min

Mediation as Therapy for Your Claim

Mediation is a powerful tool in the subrogation process, offering a strategic opportunity to resolve claims efficiently while minimizing litigation costs. On this week's episode, Rebecca sits down with Matt Arriaga, Certified Mediator with Arriaga Mediation, PLLC, as he details his career path and how years in the courtroom led to a private mediation firm. Matt explains how a good mediation can benefit both parties over litigation, personally and financially, and why a good mediator, like a good therapist, can lead to a successful outcome.

April 3, 202654 min

Refresh: Arbitration Decision: The End… Or Is It?

This week, join us as we revisit our episode on Arbitration and Post Decision Inquiries as a refresher! Original Air Date: October 15, 2021. When a liability decision cannot be determined between insurance companies, carries often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effective and timely way to make a final and binding decision and recuperate a speedy recovery. But is the award always the end? Not necessarily. On this week's installment, Rebecca sits down with arbitration attorney, Ana Zgela, to discuss what exactly occurs when there is an error made by the arbitrator or the panel. They discuss how an appeal can be submitted or when a complete refile is necessary, as well as when a post decision inquiry (PDI) is the right way to address errors found in the award.

March 20, 202636 min

Frozen Pipes

When winter temperatures drop, frozen pipes can lead to costly water damage – and complex recovery efforts. So when the pipe bursts, who is responsible for the cold cleanup? On this week's episode, join Rebecca and Steve as they explore the subrogation side of frozen pipe claims, including common causes, potential liable parties and key evidence insurers and recovery professionals should look for.

March 6, 202643 min

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 and Steve 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.

February 20, 202638 min

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 and Steve discuss the importance of subrogation notices, what these notices should contain, and how they can protect an insurer's subrogation claim.

February 6, 202631 min

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 and Steve 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.

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