Monthly Archives: September 2014

Texas Court Backs Private Right Of Action For Medicare Advantage Organizations

In Humana v. Farmers Texas County Mutual, et al., 13-cv-006111 (W.D. Tex. Sept. 24, 2014), the plaintiff, a Medicare Advantage Organization (MAO), sought reimbursement from a no-fault automobile insurer. The magistrate judge previously granted the defendant’s motion to dismiss holding … Learn More

Illinois Legislature Outsmarts Illinois Court of Appeals

Governor signs amendment to § 143.24d making arbitration of small auto property claims mandatory but not binding.   In 2013, Illinois enacted a new statute requiring the mandatory arbitration of collision subrogation claims involving less than $2,500. 215 I.L.C.S. § … Learn More

7,540 Reasons To Include Your Insured’s Deductible In Your Subrogation Claim

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make … Learn More

District Of Columbia Plans To Limit Time For Compensation Carrier To File Subrogation Suit

On June 27, 2013, the Council of the District of Columbia enacted emergency and temporary legislation resulting in an amendment to § 32-1535 which narrows the window during which a workers’ compensation carrier has to file a third-party action. An … Learn More

Hedging Bets For Subrogation Success

 A number of changes have affected the success of subrogation in the healthcare insurance setting – changes that financial executives need to be aware of in order to both mitigate negative impact and maximize opportunities. Kurt Ullman, this article’s author, … Learn More