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REWRITING SUBROGATION PLAYBOOKS: The Legal and Ethical Implications of Assignments in Small Claims

In the world of subrogation, insurers typically pursue recovery by directly asserting their subrogation rights against responsible third parties. However, in the decision rendered by a federal court for the Eastern District of Wisconsin, the subrogated carrier tried something different. In Reynolds v. MJC America, Ltd., 2025 WL 659390 (E.D. Wis. Feb. 28, 2025), American…

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PROTECTING WORKERS’ COMPENSATION SUBROGATION RIGHTS: Preserving the Grand Bargain for Nevada’s Small Businesses

Introduction Workers’ compensation subrogation is more than a legal doctrine; it is a fundamental component of the grand bargain struck over a century ago in our country between employers and employees. This grand bargain ensured that injured workers would receive timely benefits without the need for litigation while protecting businesses from potentially crippling lawsuits. At…

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HOLDING NEGLIGENT ROOFERS ACCOUNTABLE: Subrogating Water Losses from Poor Rain Protection

When homeowners hire roofing contractors to repair or replace their roofs, they expect professionalism and care. However, water damage caused by a roofer’s failure to protect a roof during inclement weather is a common and costly problem. For Insurance carriers pursuing subrogation, overcoming the defenses asserted by roofers, including claims that roofing work cannot always…

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