Refresh: Third Party Liability: Frolicking Employees episode artwork

EPISODE · Apr 4, 2025 · 39 MIN

Refresh: Third Party Liability: Frolicking Employees

from On Subrogation

This week, join us as we revisit our episode on Third Party: Employer Liability as a refresher! Original Air Date: April 16, 2021 A tortfeasor goes on a donut run driving the company car and causes an accident with your insured.  Can the insured - or her insurance company - also recover damages from the company?  The answer is, "it depends." Rebecca and Steve return to explain the factors that turn an employee's actions from a frolic into a detour, a single liable tortfeasor into a viable claim against the employer, via the doctrine of respondeat superior.  What is within the course and scope of employment, when is an errand a frolic instead of a detour, and how can you prove this person was an employee in the first place? Listen to learn the tools you need to determine whether or not an employer has exposure when their employees cause damage both inside and outside the workplace.

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