Monthly Archives: January 2014

What Role Does The Insured’s Deductible Play In Subrogation?

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,

Tagged with: , , ,
Posted in Uncategorized

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: , , , , , ,
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: , , , , , , , ,
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: , , , , , ,
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: , , , , , ,
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: , , , , , , , , ,
Posted in Uncategorized
Subscribe To Our Posts

Email:

Recent Comments
    Cozen O’Connor Blogs