• General Subrogation
• Workers' Compensation Subrogation
• Property Subrogation
• Health and ERISA Subrogation

General Subrogation

Where's The Deductible? A Survey of Laws Regarding Reimbursement Of An Insured's Deductible In All 50 States
A look at what the carrier's obligation is with regard to reimbursing its insured's deductible.

Squeezing The Turnip: Fidelity And Surety Bond Subrogation (PDF)
The ABCs of subrogating fidelity and surety bonds and identifying and pursuing alternative sources of recoveries when employee dishonesty results in claim payments.

Contracting Away Made Whole: Does The Made Whole Doctrine Apply If Your Policy/Plan Says It Doesn't?
A look at how different states handle insurance contracts containing language disclaiming the Made Whole Doctrine.

Many Insurers Overlook Advantages of Subrogation
A look at why subrogation is important to the insurance industry.

Understanding Waivers of Subrogation
A look at what constitutes an effective waiver of subrogation.

Subrogating South Of The Border: Increasing Recovery Opportunities In Mexico
A look at subrogating in Mexico.

The Paper Chase: Subrogating In A Paperless World
A look at insurance companies going paperless.

Subrogation And The Self-Insured
Discusses issues facing self-insured companies seeking recovery of losses due to third-party tortfeasors.

Understanding Experience Modifiers
A look at how subrogation improves loss histories and helps keep premiums low.

Workers' Compensation Subrogation

Sleeping With The Enemy: Federal Statute Creates Opportunity For Subrogation Stipulation In Workers' Compensation Files (PDF)
This article takes a closer look at federal statutes that create an opportunity for subrogation stipulation in workers' compensation files and the importance of knowing the law of damages in your jurisdiction.

Workers' Compensation Subrogation In Construction Settings: In All 50 States (PDF)
Discusses pursuing workers' compensation subrogation claims in construction settings throughout the country.

Workers' Compensation Subrogation: Which Payments Can Be Recovered? (PDF)
A multi-state look at the big question which remains unanswered in the statutes of all 50 states whether medical bill audit fees, case management costs, nurse caseworkers' fees, and the like, can be recovered as part of a carrier's workers' compensation lien.

Something Old, Something New, Someone Borrowed, Someone to Sue: Workers' Compensation and Employee Leasing Companies (PDF)
Discusses subrogation and the Borrowed Servant Doctrine.

Sweating The Small Stuff: Arbitrating Workers' Compensation Subrogation Files (PDF)
Discusses arbitrating workers' compensation subrogation files.

Subrogating On The Waterfront: Longshore And Harbor Workers' Compensation Subrogation
An overview of longshore and harbor workers' compensation subrogation.

The Many Faces Of Workers' Compensation
A survey of the different workers' compensation subrogation laws in various states.

The Negligent Employer: Obstacle or Advantage In Workers' Compensation Subrogation?
A look at how employer negligence affects workers' compensation subrogation.

Can Workers' Compensation Carriers Subrogate Against Uninsured and Underinsured Motorists Benefits?
Discusses subrogating against benefits paid from a UM/UIM carrier.

Apportioning Attorney's Fees In Workers' Compensation Third Party Actions: The Need For Reform
This is one of the first articles ever published on Texas workers' compensation subrogation.

Property Subrogation

Subrogation And The Economic Loss Doctrine: A 50 State Survey (PDF)
A discussion of the Economic Loss Doctrine and its impact on subrogation throughout the country.

The Perfect Storm: The Science Behind Subrogating Catastrophic Flood Losses (PDF)
Discusses important considerations in subrogating flood losses.

Duplex: Subrogating Landlord/Tenant Property Losses (PDF)
Understanding when, where, and why a landlord's insurer can subrogate against a tenant.

Subrogating Against God
A look at property subrogation of natural catastrophes such as floods, hurricanes, etc.

Subrogating Against God II
A further look at property subrogation of natural catastrophes such as floods, hurricanes, etc.

Where's The Beef?
A look at subrogation involving car and truck collisions with cattle in the roadway.

Where's The Paint? Subrogating Paint Overspray Claims
A look at why subrogation professionals need to be diligent and aggressive in both building and pursuing subrogation rights in all claims involving paint overspray.

Where's The Luggage? Subrogating For Lost or Damaged Luggage
Subrogating professionals need to be familiar with what can and cannot be recovered when an airline destroys or loses valuable luggage for which an insurance company pays a claim and attempts to subrogate.

The Great Mexican Subrogation Shootout (PDF)
A look at a memorable case MWL subrogated in Mexico.

Subrogating Defective Firestone Tires
A timely look at the Firestone defective tire litigation.

Statutes of Repose: A New Defense To Product Liability
A look at defense tactics involving statutes of repose defenses to product liability cases.

American Family Insurance v. Golke Brothers: NASP To Appear as Amicus Curiae Before The Wisconsin Supreme Court in Spoliation Case (PDF)
NASP hopes this case will help delineate what steps subrogation professionals need to do to prevent a "spoliation" argument and to further clarify what the obligation of a defendant is with regard to failing to engage in the inspection.

Health and ERISA Subrogation

Turning Off the Spigot: Future Credits In Health Insurance Subrogation (PDF)
A look at how to document and obtain future credits in health insurance subrogation.

Subrogating Fully-Insured ERISA And NON-ERISA Employee Welfare Benefit Plans
Tips for maximizing recoveries when subrogating fully-insured and non-ERISA health plans.

Medical Record Privacy, HIPAA And Its Effect On Subrogation
Understanding and clarifying the confusion surrounding HIPAA and its effect on subrogation professionals.

The Erosion Of ERISA Subrogation Rights
Observations regarding the erosion of ERISA preemption and the impact of the common fund and made whole doctrines.

Health Insurance And ERISA Subrogation - Part 1: History And Scope Of ERISA
A look a the history and scope of ERISA.

Health Insurance And ERISA Subrogation - Part 2: What Is An ERISA Plan
Defining what is an ERISA plan.

Health Insurance And ERISA Subrogation - Part 3: ERISA Subrogation Rights
A look at how plan language determines your subrogation rights.

Health Insurance And ERISA Subrogation - Part 4: ERISA Preemption And The Made Whole Doctrine
A look at ERISA preemption and the Made Whole Doctrine.

Health Insurance And ERISA Subrogation - Part 5: ERISA Preemption And The Common Fund Doctrine
A look at ERISA preemption and the Common Fund Doctrine.