Why Failing to Intervene Is Risky In the world of workers’ compensation subrogation, what you don’t do can hurt you—and hurt you badly. Nowhere is this more true than in the context of a compensation carrier, its third-party administrator, or its subrogation vendor deciding whether or not to intervene in a pending third-party lawsuit filed…
When a hot water pipe ruptured in a luxury multi-unit development in New Jersey, it soaked more than drywall and hardwood—subrogation was on everybody’s mind. But things didn’t go according to plan. In 1410 Grand Adams, LLC v. Trematore Construction, LLC, 2025 WL 1742859 (N.J. Super. 2025), a case decided by the New Jersey Appellate…
Overview In a decision that underscores the destructive power of the Economic Loss Doctrine in New Jersey, the Appellate Division recently dismissed a property insurer’s subrogation action arising from a construction defect. The case, 1410 Grand Adams, LLC v. Trematore Construction, LLC, 2025 WL 1742859 (N.J. App. Div. 2025), reaffirmed that when losses are purely…
Workers’ compensation laws were born from a grand bargain between employers and employees—a trade-off designed to ensure swift, no-fault benefits for injured workers while protecting employers from unpredictable litigation. In exchange for giving up their right to sue, employees gained access to guaranteed medical care and wage replacement. Employers, in turn, assumed the financial burden…
MWL’s subrogation expertise is not limited to effectively subrogating all lines of insurance for its clients. Recently, our expertise and authority in workers’ compensation subrogation resulted in several Nebraska legislators and a lobbying concern to reach out to MWL and rewrite Nebraska’s workers’ compensation subrogation statutes. Judicial Decisions that Disrupted Nebraska’s Subrogation Balance In recent…
On March 4, 1791, Vermont joined the Union as the fourteenth state. It has long prided itself on independence, deliberate policymaking, and a certain laconic New England sensibility. But in the world of workers’ compensation subrogation—where uncertainty can mean millions in lost recovery—Vermont’s traditional caution has left subrogation professionals often waiting decades for answers. One…