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Click on a state for a summary of that state’s laws affecting or impacting subrogation recoveries.

Subrogating Alone: Louisiana Court Reinforces Employer’s Right to Subrogate Without the Employee

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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The New York “Highway Work” Rule: How § 1103 Changes Auto Collision Subrogation In the Empire State

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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