ALABAMA ALLOWS LOSS OF USE DAMAGES FOR TOTALED “COMMERCIAL VEHICLE” FOR FIRST TIME: Myers v. Alfa Mut. Ins. Co., 2024 WL 4522424 (Ala. App. Oct. 18, 2024)

Every day we see evidence of the continuing evolution of subrogation law across our country. In many respects, we are still pioneers in this industry, as subrogation wasn’t pursued, respected, or sought after for many years, leaving many areas in our industry undecided by the courts and simply unknown. A good example of this is…

SUBROGATING DAMAGE CAUSED BY SWAT AND POLICE ACTION OR BY ORDER OF GOVERNMENTAL AUTHORITY: Baker v. City of McKinney, Texas, 84 F.4th 378 (5th Cir. 2023)

On July 25, 2020, a man named Wesley Little showed up at the front door of Vicki Baker, who was a long time resident of McKinney, Texas. Little had a 15 year-old girl with him when he knocked on the door. Only Vicki’s daughter, Deanna Cook, was home at the time. She recognized Little because…

LANDMARK WORKERS’ COMPENSATION SUBROGATION DECISION IN NEVADA! AmTrust N. Am., Inc. v. Vasquez, 2024 WL 4233423 (Nev. 2024)

On September 19, 2024, in one of the most pro-subrogation decisions in a generation, the Nevada Supreme Court has overnight turned Nevada into one of the most favorable states for workers’ compensation subrogation. With the stroke of a pen, the court has done the following: Abandoned the “Breen Formula”—which it declared was “unworkable” and “no…