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Click on a state for a summary of that state’s laws affecting or impacting subrogation recoveries.
California legislators proposed SB 492 to address victim payouts and utility liability regarding wildfires. The proposed legislation initially included a waiver of subrogation. However, an amended version of California SB 492 and the compromise were considerably better for the subrogation industry than the proposal that preceded it; however, the legislation died. Insurance industry organizations provided…
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For most of the history of automobile subrogation, determining who caused an accident has involved decidedly human questions. Who had the right-of-way? Who was speeding? Who ran the red light? Who failed to maintain a proper lookout? An automobile insurer pays its insured and then pursues the negligent third party responsible for the loss. Human…
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Kentucky has not been kind to workers’ compensation subrogation. In our 2023 article, “The Ten Best and Ten Worst States for Subrogating”, we ranked Kentucky as the fifth-worst state in the country. We wrote: Only recently has Kentucky become a bad jurisdiction for workers’ compensation subrogation. It drops to No. 5 thanks to Arkansas being…
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In a previous article I wrote, “When Cases Settle: Release Language, Indemnity, Hold Harmless, and Other Concerns” (see HERE), I warned subrogation professionals about the dangers lurking in the seemingly routine release that arrives after a claim is settled. A seven-page “standard release” can transform a simple subrogation recovery into an assumption of indemnity obligations…
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