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Click on a state for a summary of that state’s laws affecting or impacting subrogation recoveries.
A recent appellate decision out of Louisiana provides important clarity—and welcome reassurance—for workers’ compensation insurers and employers seeking to pursue and recover benefits from third-party tortfeasors independently. In Madden Gulf Coast LLC v. Hilark Industries, Inc., 2023 WL 8420961 (La. App. 2023), the court confirmed that an employer or its insurer can independently pursue a…
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Subrogation professionals handling automobile collision claims in New York face unique challenges when the tortfeasor is operating a municipal vehicle. While municipal immunity doctrines already complicate recovery, a lesser-known but highly influential statute—New York Vehicle and Traffic Law (VTL) § 1103(b)—can upend a seemingly straightforward subrogation file. This provision limits liability for vehicles engaged in…
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In the realm of insurance subrogation, understanding the interplay between arbitration proceedings and statutes of limitations is crucial. A common query arises: Does initiating arbitration toll the statute of limitations? This question becomes particularly pertinent when a subrogated carrier files for arbitration, but the arbitration is dismissed for jurisdictional reasons—such as lack of coverage on…
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Stephanie Jaster, Plaintiff-Appellant, v. Selective Ins. Co. of S.C., Defendant-Respondent., 2025 WL 1379673 (Wis. App. May 13, 2025) In a recently released Wisconsin Court of Appeals decision, Stephanie Jaster v. Selective Insurance Co. of South Carolina, the court reaffirmed a key principle in the Minnesota PIP subrogation landscape: an insurer’s failure to expressly assert subrogation…
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