Monthly Archives: September 2016

SUBROGATING HAWAI’I: Navigating The Subrogation Trade Winds In “The Middle Of Nowhere”

Hawai’i. There is no place like it on earth. It is the most remote population center on the face of the planet, 2,400 miles from the nearest anything. It has the most diverse population on earth, with no racial or … Learn More

SUBROGATION MAGIC: Creating Something Out Of Nothing – Subrogating MCS-90 Endorsements

In 2010, researchers at the University of Michigan hypothesized that it is theoretically possible to conjure particles from a complete vacuum under the right circumstances. Performing such a feat in the world of subrogation might seem improbable, but subrogation theory … Learn More

SALES AND USE TAXES ON SUBROGATION SERVICES: Navigating The Sales Tax Maze In South Dakota, New Mexico, And Hawaii

As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of imposing a tax on professional services, whether as a sales tax (including … Learn More

Successful Product Liability Subrogation Is No Accident

When a product fails and causes damages to other property, a straightforward property damage claim takes on a whole new dimension. Recovering property damage claims related to a product liability defect are some of the most complicated, challenging, and difficult … Learn More

Connecticut Supreme Court Grants Workers’ Compensation Carrier Right To File Third-Party Action

Until recently, Connecticut’s Workers’ Compensation Subrogation Statute, § 31-293, labored under the judicial interpretation by which an employer was allowed to file a third-party action, but its workers’ compensation carrier was not. Subrogated carriers had to hope that the employee … Learn More

SUING THE KING: State Sovereign Immunity And Tort Liability In All 50 States

Ronald Reagan famously said, “The most terrifying words in the English language are: I’m from the government and I’m here to help.” Government has become almost synonymous with ineptitude. So it should be no surprise that every day people are … Learn More