Work Comp Third-Party Settlement Not Subject to Aitken Reduction In Arizona, a workers’ compensation carrier’s statutory lien under § 23–1023 is subject to being reduced if an employer is found to be negligent by a jury. In Aitken v. Indus. Comm’n of Ariz., 904 P.2d 456 (Ariz. 1995), cert. denied, 517 U.S. 1208, the Arizona…
Setting the Record Straight We are just as guilty as everyone else. Words matter, and in our industry, they are our tools. Therefore, using the right words would seem to be a priority. Making them up isn’t. Our firm reviews two to three dozen new claim files/catastrophic injury cases every day. We review these files…
Even non-standard auto insurers enjoy getting checks in the mail. The effective subrogation of Med Pay, PIP, UM/UIM, and collision claims by non-standard auto insurers means money coming into a segment of the insurance industry that historically has been much better at paying it out. The reasons this segment of the insurance industry has been…
Almost everyone involved in handling property damage subrogation has faced a claim involving a failed water supply line that was sold or distributed by Interline Brands, Inc. These supply lines are often identified as “Everlotus” supply lines based on the “EL” that is stamped on one of the ferrules. Recently, Interline Brands, Inc. settled a…
We only hear half of what we listen to. Perhaps that is why most people instinctively use tautology when they write or speak. Tautology is the use of different words to say the same thing or repeating the same thing twice, often in the same sentence, using different words. Most people don’t even know that…
Most auto insurance policies require their insured to pay a deductible when a claim is made. If the auto carrier is successful in subrogating a particular loss against a third party and recovers its claim payments, the issue often becomes what portion, if any, of the insured’s deductible must or should be reimbursed to the…
Subrogating Pele and the Goddess of Fire In the Hawaiian religion, Tūtū Pele is the goddess of fire and volcanoes and the creator of the Hawaiian Islands. Hawaiians believe Kilauea to be inhabited by a “family of fire gods”, one of the sisters being Pele, who is believed to govern Kilauea and is responsible for…
Georgia has joined fifteen other states which have outlawed the use of hand-held cellphones and mobile devices while driving. A new law signed by Governor Nathan Deal makes watching movies, shooting video, and even the mere “holding” of hand-held devices while in the vehicle—even while stopped—illegal. The bill wasn’t passed in Georgia’s Capitol building in…
On April 3, 2018, the Wisconsin Legislature enacted 2017 Wis. Act 235 which substantially changes certain rules governing civil litigation in Wisconsin. Included in this Act are new rules regarding discovery practice and the Rules of Civil Procedure. It is anticipated that these changes will result in uncertainty and increased motion practice as these new…
On April 5, 2018, the Wisconsin Supreme Court held that the operative event which triggers a notice of claim requirement in an underinsured motorist (UIM) policy is the tender of the tortfeasor’s underlying policy limit and not the accident itself. See Shugarts v. Mohr, 2018 WI 27. This holding overrules a published Wisconsin Court of…