Monthly Archives: February 2019

Texas Supreme Court Enforces Waiver Of Subrogation Endorsement And Disallows Reference To Extrinsic Contracts

On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals in Ins. Co. of the State of Pennsylvania v. Roberts, 506 S.W.3d 498 (Tex. App. 2016), review granted … Learn More

Personal Liability Of Attorney For Failing To Pay Subrogation Lien In Indiana

In Indiana, a subrogated carrier may be able to sue the attorney on behalf of its insured when the attorney settles a third-party tort claim without reimbursing the subrogated carrier. In Holland v. Indiana Farm Bureau Insurance, 110 N.E.3d 369 … Learn More

Understanding “Surplus Lines” Insurance: Demystifying Specialty, Wholesale, Surplus Lines, and Specialty-Admitted Insurance

Subrogation professionals are often required to deal with a variety of insurance companies, including those admitted or licensed to transact business in a particular state and those which are not. Understanding the difference can assist the claims handler and subrogation … Learn More

“Matching Regulations” Affecting Homeowners’ Insurance Claims

It remains one of the most difficult issues to deal within the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and … Learn More

Pennsylvania Supreme Court Destroys Compensation Carrier’s Ability To Initiate Filing Of Third-Party Action

A long-standing political tug-of-war over whether a workers’ compensation carrier can initiate a third-party subrogation lawsuit and protect its subrogation rights under § 319 has ended with a disappointing Supreme Court decision. On November 21, 2018, the Pennsylvania Supreme Court … Learn More

Minnesota Clarifies Third-Party Allocation Procedure When The Employer Is Negligent

The Minnesota Court of Appeals has confirmed how a third-party tort recovery is to be apportioned procedurally when the employer is found to be comparatively at fault. The confusing state of affairs in Minnesota has undergone some changes in recent … Learn More