New Trend Poses Threat In Subrogation Trials. Effective January 1, 2022, Arizona will become the first state to eliminate the use of peremptory challenges in jury selection in both criminal and civil trials—including the trial of subrogation cases. It isn’t news to the insurance industry that many (if not most) people harbor certain resentments against insurance companies. If those biased jurors are allowed to sit on a jury in a subrogation case where the role of the insurance company is made known, the subrogated carrier will have a less than favorable chance of prevailing. Unanimous juries are required in criminal cases across the country, but in civil cases such as subrogation, Texas requires a 10 to 2 verdict and almost one-third of states require only a mere majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times. With a biased juror on the panel, it is difficult to prevail.
