Subro on the Go

In this episode of “Subro on the Go,” regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by their partners Ginny Markovich (New York) and Jake Skaggs (Houston) to continue the Back-to-Basics Series and discuss key considerations when filing a Complaint in a subrogation case. Our panel discusses common subrogation causes of action, what elements must be proven to succeed, whether federal or state court is preferred (varies by region), and other strategic decisions when filing a subrogation complaint that will have a significant impact on the outcome of your case. Consistent with the filing a lawsuit theme, the traditional trivia questions are centered on our favorite lawyer movies.

In this episode of “Subro on the Go,” regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by their partners, Phil Carroll (Salt Lake City) and Phil Berens (LA), to continue the Back-to-Basics Series and discuss demand packages. Now that the investigation is over and you are ready to make a demand on the responsible party, how should you structure and prepare your demand? Our panel in this episode provides their insights on preparing and sending demand packages prior to litigation, including how much to demand, what information to share in the demand, setting deadlines for the demand and whether to consider a policy limits demand or an offer of judgment. Along with delving into best practices for demand packages, the two Phils also battle it out with Independence themed trivia questions to celebrate our country’s 250th Anniversary. Happy Fourth of July!!!

In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Andrew Dorr (San Diego) and Jermaine Lee (Miami) to continue our 2026 Back to Basics series where we are covering the key steps of handling a subrogation case, start to finish. In this initial episode, we discuss the challenges that can arise in joint scene and evidence examinations, and the critical role subrogation counsel plays in the process. As always, we have entertaining “investigation” styled trivia for you along the way.

In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Joseph Duque (San Diego) to commence our Back to Basic series. In 2026 we are covering the key steps of handling a subrogation case, start to finish. In this initial episode, we discuss the most important tasks upon receipt of a new loss, how to choose the right expert, and what to include in a notice letter. As always, we have entertaining “investigation” styled trivia for you along the way.

In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Michael O’Donnell (Philadelphia) and Ben Migliorino (Denver) to discuss tips on maximizing recoveries in the 4th quarter. Just as a sports game heats up in the 4th quarter, so does the subrogation industry. More specifically, the strategy your team is playing for the first part of the game will suddenly change as the 4th quarter begins, intensifying as we get closer to the final buzzer. Tune in to find out what subro strategies you can implement to ensure you get the subro recovery win before the buzzer. As always, we have also have fun trivia for you along the way.

In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Virginia Markovich (New York) and Kris Cherevas (San Diego) to discuss the unique issues that can arise when pursuing subrogation on claims involving high profile insureds. Whether your insured is a celebrity, public figure, or other high-profile individual, you often will have to work through specific coordination procedures to properly investigate and litigate your subrogation case, and will also have to be mindful of confidentiality and security concerns. In addition to the discussion on these special procedures, as with the latest series of episodes, the trivia questions are back! Tune in to ensure you are prepared to protect your subrogation case, and ensure proper steps are taken, when working with a high profile insured.

In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Jerry Nolan, Co-Director of National Subrogation Services (“NSS”), to discuss and celebrate NSS’s 25th Anniversary. The co-hosts and Jerry discuss the history of NSS, how the industry has changed and what NSS sees on the horizon for the subrogation industry. And, as with the latest series of episodes, the trivia questions are back and focused on pop-culture from the year 2000. Take a listen and think about your own subrogation journey over the last few decades and how things have changed and where we’re headed. Happy Anniversary NSS and here’s to another 25 years!!!

It’s that time of year again and you’ve got to get your holiday movie queue in your streaming services ready to go for the next month. As subrogation professionals, we might love holiday movies, but we do not necessarily enjoy them the same way as everyone else. Our subrogation instincts often kick in when watching holiday flicks filled with injuries, accidents, fires and all sorts of property damage events. And we cannot help but wonder if we could recover in those situations. In this episode, hosts David Brisco (San Diego) and Joe Rich (Miami) are joined by Dana Meyers (San Diego) and Phil Carroll (Utah) to discuss holiday movies that could make great subrogation cases. In addition, this episode dares to delve into the holiday debate of whether “Die Hard” is or is not a holiday movie, along with multiple holiday themed trivia questions. Get your Egg Nogg ready, grab a few holiday cookies, curl up with a warm blanket, and take a listen to this holiday themed episode of Subro on the Go. Happy Holidays to All Subrogation Professionals!

Location, location, location! The viability of a subrogation case will vary depending on the loss location. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each State has varying rules that impact subrogation potential, including statutes of limitations, comparative fault rules, and requirements for pursuing products claims. It therefore becomes critical to know the state specific rules as you evaluate the recovery prospect of a loss. In this latest episode of our State Specific Series, regular co-hosts Joe Rich and David Brisco are joined by Kansas subrogation attorney Cheri MacArthur to discuss the unique losses seen in Kansas, the applicable Statutes of Limitation and Repose, and comparative fault rules and their impact on subrogation cases in Kansas. And of course, the fan favorite State Specific Trivia Series continues as we test our attorneys’ knowledge of Kansas, the alleged town of Smallville, and the Kansas Twine-a-Thon Festival.

The viability of a subrogation case will vary depending on the loss location and the facts. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each of the States have varying rules that impact subrogation potential, including statutes of limitations, comparative fault, and requirements for pursuing products claims. It therefore becomes critical to know the state specific rules as you evaluate the recovery prospects of a loss. In this latest episode of our State Specific Series, regular co-hosts Joe Rich and David Brisco are joined by Louisiana subrogation attorney Jake Skaggs to discuss the unique history of the legal system in Louisiana and to discuss common losses, the “new” Statute of Limitations, comparative fault rules and some insights into pursuing products liability claims. As we will be doing throughout this series, we will also test our attorneys’ knowledge of Louisiana by weaving in state specific trivia.

Subrogation professionals who handle losses in multiple states know that the viability of a subrogation case will vary depending on the loss location. The facts of a particular incident may have subrogation potential in one state, but not in another, as each state has varying rules that impact subrogation potential, including statutes of repose, comparative fault, and malfunction theory. As a result, it is imperative that a subrogation professional understands the state specific rules in which the loss occurred. In this first episode of our State Specific Series, regular co-hosts Joe Rich and David Brisco are joined by Utah subrogation attorneys Kris Cherevas and Phil Carroll to discuss common losses that occur in Utah as well as the unique Utah laws as it pertains to evaluating subrogation potential. We will also test our attorneys’ knowledge of The Beehive State by weaving in state specific trivia.

Happy New Year to all of our fellow subrogation friends! Many of us use the start of the New Year to create personal New Year’s Resolutions. These resolutions are not limited to our personal lives. In this episode of Subro on the Go, regular co-hosts David Brisco and Joe Rich are joined by subrogation attorneys Dana Meyers and Michael O’Donnell to discuss Subrogation New Year’s Resolutions. The team discusses organizational tips for your subrogation caseload, how to prioritize certain in-litigation cases, how to get traction on cases that you were unable to resolve the prior year, and much more. We hope that these tips helps you to accomplish all of your New Year goals.

It’s that time of the year again! As the MLB World Series is underway, subrogation professionals are also gearing up for their own playoff run to reach their year-end goals, getting ready for end of the year mediations and looking to resolve those lingering pre-litigation cases with outstanding demands. In this episode, co-hosts Joe Rich (Miami) and David Brisco (San Diego) are joined by Howard Maycon (LA) and Cheri MacArthur (Denver) to discuss ways to maximize your chances of recoveries in the 4th quarter. The panel discusses ways to expedite settlements achieved at mediation, create triggers for getting paid on time, and thinking ahead about logistical issues and avoiding common payment hurdles to speed up the recovery process. The panel also explores advanced planning that may be needed when dealing with settlements involving foreign manufacturers and public entities. Good luck and happy hunting to all recovery professionals as we close out the year.

What is the day to day practice of subrogation going to look like in 5-6 years, or better yet, 5-6 months? Artificial Intelligence (AI) is hitting the world by storm, with all industries working to determine the role AI will play. For the subrogation industry, technology has played an ever-increasing role over the last decade. Remote communication applications, predictive analytics and bots running tasks have been used in the subrogation industry for some time. And like the introduction of those tools, language model AI applications have the potential to assist subrogators of all levels. In this episode, co-hosts, David Brisco and Joe Rich, discuss the potential AI has for the subrogation industry as well as the pros and cons of embracing these tools in everyday pursuit of recoveries.

In the first quarter of 2023, the Florida Legislature made three major changes to the Statute of Limitations for negligence claims, comparative fault rules in negligence cases, and the Statute of Repose for improvements to real property. In this episode, David Brisco (San Diego) interviews his regular co-host, Joe Rich (Miami), and the Chair of the Firm’s Southeast Subrogation Region, Joshua Goodman (Miami), about these changes and the practical implications for subrogation professionals and their recovery partners. Of significance, the new rules shorten the statute of limitations and statute of repose time periods, making this a must listen for all subrogation professionals with cases in Florida who are looking to protect their subrogation claims.

Subrogation involving horses? Yes, this is a real thing. In this episode, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami), are joined by their partner, Suzanne Radcliff (Dallas), who provides an overview of this niche area of subrogation to listeners. In addition to some bad horse jokes from the co-hosts, Suzanne, who is a former competitive Equestrian with both personal and professional experience in the area of equine law, outlines for listeners some of the challenges and issues a recovery professional will have to navigate when looking into recovery opportunities in this area. Suzanne shares her thoughts on investigations, working with experts and the unique damages issues when pursuing these types of recovery claims. Saddle up for another great podcast!

Do not let your subro claim blow up in your face! Subro professionals who have handled large explosion fires know firsthand that large explosion cases are complex, with significant hurdles to fully process. In this episode of Subro on the Go, regular co-hosts Joe Rich and David Brisco are joined by their colleague Jake Skaggs, an experienced litigator of subrogation explosion cases. Skaggs provides key insights into the unique process of investigating large industrial explosion cases, including the types of experts needed, the requisite investigation philosophy, the early intelligence that must be gathered, and the role of subrogation counsel in managing these complex scenes.

Whether it is a turkey fryer that causes an unexpected cooking fire, or mishaps with trees and decorations that make the holidays literally go up in smoke, holiday related losses are common for subrogation professionals this time of year. So while it is the season to be joyful and hum along with the Beach Boys’ Little Saint Nick, it is also the season for unusual loss scenarios that require creative approaches. In this episode of Subro on the Go, regular co-hosts Joe Rich and David Brisco are joined by their colleague Dana Meyers to discuss holiday loss scenarios and ways to evaluate recovery potential or avoid investing in nonviable claims. Happy Holidays from Cozen O’Connor and NSS.

In our current episode, co-host, Joe Rich, speaks with some of our Canadian Litigators about the differences in pursuing subrogation claims in Canada versus the U.S. Joe is joined by Pamela Pengelley, Office Managing Counsel of our Firm’s Toronto Office, and David Huard, Office Managing Counsel for our Quebec Office, to discuss topics such as how subrogation rights arise in Canadian property losses, who controls the recovery effort, made whole issues, the pace of litigation, and some key differences among Canadian Provinces. Pamela and David have extensive experience handling subrogation claims in various Canadian Provinces and their discussion with Joe provides a great overview of the unique aspects of subrogating in Canada.

Time is money in the subrogation industry. And knowing the timeframes of when you can pursue recovery claims is an important first step in evaluating your case, including determining the scope of your early investigation. Whether you can or cannot bring a claim due to a pre-determined timeframe set by a specific statute is often the most critical first question to be considered in a subrogation case. Both sets of statutes, limitations and repose, address timeframes for filing lawsuits, but they operate differently and have unique considerations for recovery professionals. In this episode, regular hosts David Brisco (San Diego) and Joe Rich (Miami) are joined by Phil Berens (LA) to discuss the differences between Statutes of Limitations and Statutes of Repose and some key considerations to keep in mind when evaluating these timeframes.