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

General Subrogation

Insurers Liability for Negligent Inspections (PDF)
A look at the insurers liability for negligent inspections conducted on an insureds premises, also known as field inspections or loss control surveys. Self-Funding Magazine, February 2011 Issue.

Subrogation And The Seat Belt Defense (PDF)
A look at the seat belt laws and seat belt defense for all 50 states. Self-Funding Magazine.Com, September 8, 2010

The Societal Benefits of Subrogation (PDF)
A look at the origin and purposes of subrogation and the important role subrogation plays in society. Self-Funding Magazine.Com, August 6, 2010

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. NASP Subrogator, Spring/Summer 2007

Contracting Away Made Whole: Does The Made Whole Doctrine Apply If Your Policy/Plan Says It Doesn't? (PDF)
A look at how different states handle insurance contracts containing language disclaiming the Made Whole Doctrine. NASP Subrogator, Fall 2006

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. NASP Subrogator, Spring/Summer 2006

Subrogating South Of The Border: Increasing Recovery Opportunities In Mexico (PDF)
A look at subrogating in Mexico. NASP Subrogator, Fall 2004

The Paper Chase: Subrogating In A Paperless World (PDF)
A look at insurance companies going paperless. NASP Subrogator, Spring/Summer 2003

Understanding Waivers of Subrogation (PDF)
A look at what constitutes an effective waiver of subrogation. NASP Subrogator, November 2000

Understanding Experience Modifiers: Can Subrogation Really Affect Your Premiums? (PDF)
A look at how subrogation improves loss histories and helps keep premiums low. Texas Corporate Counsel Law Review, Fall 1996

Many Insurers Overlook Advantages of Subrogation (PDF)
A look at why subrogation is important to the insurance industry. Best's Review, Volume 96, No. 6, October 1995

Subrogation And The Self-Insured (PDF)
Discusses issues facing self-insured companies seeking recovery of losses due to third-party tortfeasors. Texas Corporate Counsel Law Review, Fall 1995

Workers' Compensation Subrogation

The Battle For Attorney's Fees: Reducing Plaintiff's Attorney's Fees Deducted From Your Lien (PDF)
A look at the law in several states wherein the carrier has a right to argue that the plaintiff’s attorney is not entitled to a large attorney’s fee out of the lien recovery. Self-Funding Magazine.Com, October 25, 2010

Something Old, Something New, Someone Borrowed, Someone to Sue: Workers' Compensation Subrogation and Employee Leasing Companies (PDF)
Discusses subrogation and the Borrowed Servant Doctrine. NASP Subrogator, Winter 2008

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. NASP Subrogator, Spring/Summer 2008

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. NASP Subrogator, Fall 2006

Sweating The Small Stuff: Arbitrating Workers' Compensation Subrogation Files (PDF)
Discusses arbitrating workers' compensation subrogation files. NASP Subrogator, Spring/Summer 2006

Workers' Compensation Subrogation In Construction Settings: In All 50 States (PDF)
Discusses pursuing workers' compensation subrogation claims in construction settings throughout the country. NASP Subrogator, Winter 2006

Subrogating On The Waterfront: Longshore And Harbor Workers' Compensation Subrogation (PDF)
An overview of longshore and harbor workers' compensation subrogation. NASP Subrogator, Spring/Summer 2004

The Negligent Employer: Obstacle or Advantage In Workers' Compensation Subrogation? (PDF)
A look at how employer negligence affects workers' compensation subrogation. NASP Subrogator, Fall 2003

The Many Faces Of Workers' Compensation (PDF)
A survey of the different workers' compensation subrogation laws in various states. NASP Subrogator, Spring/Summer 2002

Can Workers' Compensation Carriers Subrogate Against Uninsured and Underinsured Motorists Benefits? (PDF)
Discusses subrogating against benefits paid from a UM/UIM carrier. NASP Subrogator, Spring/Summer 2000, Premier Issue

Apportioning Attorney's Fees In Workers' Compensation Third Party Actions: The Need For Legislative Reform (PDF)
This is one of the first articles ever published on Texas workers' compensation subrogation. The Houston Lawyer, Volume 27, No. 5, March-April 1990 and Texas Bar Journal, Volume 53, No. 8, September 1990

Property Subrogation

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. NASP Subrogator, Spring/Summer 2008

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. NASP Subrogator, Spring/Summer 2007

The Perfect Storm: The Science Behind Subrogating Catastrophic Flood Losses (PDF)
Discusses important considerations in subrogating flood losses. NASP Subrogator, Winter 2007

Duplex: Subrogating Landlord/Tenant Property Losses (PDF)
Understanding when, where, and why a landlord's insurer can subrogate against a tenant. NASP Subrogator, Winter 2007

Where's The Luggage? Subrogating For Lost or Damaged Luggage (PDF)
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. NASP Subrogator, Winter 2005

Where's The Paint? Subrogating Paint Overspray Claims (PDF)
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. NASP Subrogator, Spring/Summer 2005

The Great Mexican Subrogation Shootout (PDF)
A look at a memorable case MWL subrogated in Mexico. NASP Subrogator, Fall 2004

Subrogating Against God II (PDF)
A further look at property subrogation of natural catastrophes such as floods, hurricanes, etc. NASP Subrogator, Winter 2003-2004

Subrogating Against God (PDF)
A look at property subrogation of natural catastrophes such as floods, hurricanes, etc. NASP Subrogator, Fall 2002

Where's The Beef? (PDF)
A look at subrogation involving car and truck collisions with cattle in the roadway. NASP Subrogator, Spring 2001, Issue I, Volume II

Subrogating Defective Firestone Tires (PDF)
A timely look at the Firestone defective tire litigation. NASP Subrogator, November 2000

Statutes of Repose: A New Defense To Product Liability? (PDF)
A look at defense tactics involving statutes of repose defenses to product liability cases. Trial Lawyers Forum, Volume 28, No. 2 ,1994

Health and ERISA Subrogation

Insurers Are Leaving Money On The Table If Subrogation Audit Ends With Questionnaire (PDF)
Article in Health Plan Week in which Gary Wickert is interviewed on the importance of subrogation and how subrogation can represent a substantial source of income for health plans, even though its technically reimbursement and not income. Subrogation is a significant piece of the insurance underwriting puzzle. Health Plan Week, Volume 20, No. 36, October 11, 2010

Subrogation and Medicare Set-Asides (PDF)
A look at Secondary Payer reporting requirements that create traps for subrogation professionals. NASP Subrogator, Spring/Summer 2010

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. NASP Subrogator, Winter 2009

Subrogating Fully-Insured ERISA And NON-ERISA Employee Welfare Benefit Plans (PDF)
Tips for maximizing recoveries when subrogating fully-insured and non-ERISA health plans. NASP Subrogator, Winter 2006

Health Insurance And ERISA Subrogation - Part 5: ERISA Preemption And The Common Fund Doctrine (PDF)
A look at ERISA preemption and the Common Fund Doctrine. NASP Subrogator, Winter 2006

Health Insurance And ERISA Subrogation - Part 4: ERISA Preemption And The Made Whole Doctrine (PDF)
A look at ERISA preemption and the Made Whole Doctrine. NASP Subrogator, Spring/Summer 2003

Health Insurance And ERISA Subrogation - Part 3: ERISA Subrogation Rights (PDF)
A look at how plan language determines your subrogation rights. NASP Subrogator, Spring/Summer 2002

Health Insurance And ERISA Subrogation - Part 2: What Is An ERISA Plan (PDF)
Defining what is an ERISA plan. NASP Subrogator, Winter 2002

Health Insurance And ERISA Subrogation - Part 1: History And Scope Of ERISA (PDF)
A look a the history and scope of ERISA. NASP Subrogator, Fall 2001, Issue III, Volume II

The Erosion Of ERISA Subrogation Rights (PDF)
Observations regarding the erosion of ERISA preemption and the impact of the common fund and made whole doctrines. NASP Subrogator, Summer 2001, Issue I, Volume II

Medical Record Privacy, HIPAA And Its Effect On Subrogation (PDF)
Understanding and clarifying the confusion surrounding HIPAA and its effect on subrogation professionals. NASP Subrogator, Spring 2001 Issue, I, Volume II