Louisiana, with its short one-year tort statute of limitations (in Louisiana called prescription), catches many insurance subrogation professionals unaware. Some may assume that because suit was filed by another party involved in the accident or even by their own insured, the property subrogation claim will relate back to the time of filing of the original…
The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits and a statutory right to be reimbursed from the tortfeasor who actually caused the work-related injury –…
Subrogation professionals, like lawyers, must be constantly vigilant for deadlines, statutes of limitations, statutes of repose, and notice timelines which are set forth by the laws of the 50 states. Likewise, it is important to know and understand the differences between statutes of limitations and statutes of repose. They are both subrogation-killers. Statutes of limitations…