On Subrogation

Hosted by Rathbone Group, LLC

BusinessExplicit

Website RSS feed

Episodes

100

Latest episode

Oct 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

October 30, 202629 min

Under‑Sink Chemical Degradation & Plumbing Failures Subrogation Cases

Under-sink plumbing isn't threatened only by water. Bleach, solvents, drain cleaners, pesticides, and adhesives can interact with plastics, rubber seals, and metal fittings, even if they are simply stored nearby. When failures occur, the discussion quickly moves beyond plumbing and into insurance claims, product liability, maintenance disputes, and forensic engineering. On this week's episode, join Rebecca and Steve as they discuss cases involving plumbing defects that result from chemical degradation and how liability can be determined when damages extend beyond the product itself.

October 16, 202639 min

Refresh: Water Cases- Who's to Blame?

This week, join us as we revisit our episode on Water Losses for a refresher! Original Air Date: February 18, 2022. Whether a slow drip or a sudden household flood, water can be a surprisingly damaging source of property damage. Factors such as product or material defects, negligent installation, frozen pipes, or roofing flaws are just come of the culprits that can cause major damage to a home. But who remains responsible when these unfortunate occurrences overflow? This week, Rebecca and Steve dive deep into cases of water damage and discuss exactly who remains responsible in each circumstance. Listen in and soak up this information so you're not drowning in questions when water wreaks havoc.

October 2, 202655 min

AI Part 2: Electric Boogaloo

Just as in practically all aspects of day-to-day life, AI has become an increasingly prevalent tool within the legal profession, with tools extending beyond general productivity to legal research, document analysis, and claims management. Specifically, within the insurance subrogation practice, AI has the potential to assist insurance claim representatives, professionals, and attorneys in nearly all aspects of a subrogation claim. However, as the use of these technologies continues to expand, courts and regulatory bodies have begun to encounter a wide range of misuse. On this week's installment, join Rebecca and Steve as they update our early episode on AI and take a look at where we are in this world. Listen in to examine the benefits of AI in insurance subrogation, cringe along at examples of misuse, and hear about best practices while learning the risks associated with relying too heavily on these tools.

September 18, 202651 min

Refresh: Does Restitution = Recovery?

This week, join us as we revisit our episode on Restitution and Recovery for a refresher! Original Air Date: January 21, 2022. Sometimes a tortfeasor's biggest issue isn't your subrogation claim, it's that his actions were more than negligent…they were criminal. If a criminal has already been convicted of the crime that caused your damages, recovery should be a simple next step, right? Not necessarily. On this week's installment, Rebecca and Steve discuss restitution, which forces a convicted person to repay money damages caused by criminal acts. Restitution enforcement laws vary from state to state and recovery may not come as easily as one would expect. Listen in to learn how an insurer can seek restitution and recover damages ordered via restitution.

September 4, 202641 min

Florida PIP: Unique Rules for Subro Recovery

PIP rules differ from state to state, especially when it comes to how insurers can seek reimbursement for the benefits they have paid. On this week's episode, Rebecca is joined by Jason Sullivan , RG's partner who manages the firm's Florida litigation, to take a closer look at the ins and outs of subrogation of Florida PIP. Listen in to learn how no fault the right to recovery really is, when it comes to commercial vehicles, anyhow, and who is potentially responsible for the repayment of PIP benefits when it comes to Florida subrogation losses.

August 21, 202625 min

Refresh: Do No Fault Collisions Exist?

This week, join us as we revisit our episode on No Fault/PIP for a refresher! Original Air Date: March 12, 2019. What does it mean to be in a No Fault state? Does it really mean no one is at fault? Join Rebecca and Steve as they dive into this often misunderstood area, where no fault doesn't mean without fault, damages may not be damages, and being a "PIP squeak" is problematic.

August 7, 202652 min

Crashworthiness Doctrine

Not every injury in a motor vehicle accident is caused by the crash itself. Under the crashworthiness doctrine, manufacturers may be held liable when a vehicle's design or a defective safety feature increases the severity of the injuries during an otherwise survivable collision. On this week's podcast, Rebecca and Steve break down the fundamentals of crashworthiness claims and specific cases that arose from it. Tune in as we explore how the crashworthiness doctrine means that while accidents are not planned, planning for motor vehicle collisions requires manufacturers to design for safety.

July 24, 202628 min

Refresh: What Happens if the Defendant Dies?

This week, join us as we revisit our episode on Deceased Defendants as a refresher! Original Air Date: January 7, 2021 It's an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before suit is instituted to recover damages. Though this can prove to be a frustrating situation, the claim lives on even if the tortfeasor does not. On this week's installment, Rebecca and Steve discuss options that the plaintiff has in filing suit against a deceased tortfeasor. Steps and state requirements are discussed which allow one to bring suit against the estate, family member or another involved party to recover damages owed.

July 10, 202641 min

Collision Avoidance Technologies: Automating Reasonable Care

Each year, thousands of collisions result in injuries or deaths that could be mitigated by collision avoidance technologies. From basic forward collision warning systems to it's a Teslas with autonomous driving modes to self-driving robo-taxis, automated technologies are becoming more and more common across vehicle types. But how do these new and evolving technologies impact civil law suits? The answer is, unlike these vehicles, not so automatic. On this week's episode, Rebecca and Steve discuss the ever-evolving driver assistance technologies and how they have changed the landscape of automobile negligence claims to encompass issues of defective design and failure-to-warn claims, in addition to simple driver negligence.

June 26, 202652 min

Refresh: If Cars Could Talk

This week, join us as we revisit our episode on If Cars Could Talk as a refresher! Original Air Date: December 10,2021. Recorded statements, police reports, and even pictures are not always the best sources for learning the whole story about a collision. But what if the cars could talk? Thanks to Event Data Recorders, Advanced Driver Assistance Systems, and Infotainment Systems, they can. These technologies record a lot of data about what happened, and what didn't happen, at the time of an accident – but can they help your subrogation claim? On this week's installment, Rebecca is joined by Eric McDowell , Project Engineer at Impact Analysis, Inc. who specializes in motor vehicle accident investigation and reconstruction. Rebecca and Eric dive deep into the importance of this collected data and explain how federal statutes have standardized the information recorded, the difference between data recorders in passenger and commercial vehicles, and just who owns the data, as well as the cost of obtaining it. Listen in to learn how these technologies can benefit your subrogation case.