When Protecting A California Work Comp Lien Requires More Than A Notice Of Lien: The Hidden Cost of Procedural Missteps

New California decision illustrates why protecting a workers’ compensation lien—and the equally valuable future credit—often requires more than simply notifying the parties of the carrier’s interest. Workers’ compensation subrogation is one of the few areas of insurance recovery in which a carrier can have a perfectly valid statutory right to reimbursement and still walk away…

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Bring Your Tractor to School Day! But Is It Covered?

Woller v. Scottsdale Ins. Co., No. 2024AP500 (Wis. Ct. App. Sept. 29, 2026) (unpublished). In May 2022, 14-year-old Landen Klockziem’s parents let him drive their International 656 tractor approximately 15 miles to school. In the parking lot, he ran over a fellow student’s foot. That student sued and named Scottsdale Insurance, who had issued a…

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California Proposed Bill That would affect Wild Fires and Subrogation dies

California legislators proposed SB 492 to address victim payouts and utility liability regarding wildfires.  The proposed legislation initially included a waiver of subrogation.  However, an amended version of California SB 492 and the compromise were considerably better for the subrogation industry than the proposal that preceded it; however, the legislation died.  Insurance industry organizations provided…

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When the Defendant is an Algorithm: Subrogation Enters the Age of Artificial Intelligence

For most of the history of automobile subrogation, determining who caused an accident has involved decidedly human questions. Who had the right-of-way? Who was speeding? Who ran the red light? Who failed to maintain a proper lookout? An automobile insurer pays its insured and then pursues the negligent third party responsible for the loss. Human…

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KENTUCKY-FRIED SUBROGATION: Supreme Court Delivers Carriers a Long-Overdue Victory in Kentucky Workers’ Compensation Subrogation K-VA-T Food Stores, Inc. v. Blackburn, 2026 WL 2510926 (Ky. 2026)

Kentucky has not been kind to workers’ compensation subrogation. In our 2023 article, “The Ten Best and Ten Worst States for Subrogating”, we ranked Kentucky as the fifth-worst state in the country. We wrote: Only recently has Kentucky become a bad jurisdiction for workers’ compensation subrogation. It drops to No. 5 thanks to Arkansas being…

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Contract Provisions

When is a Settlement a Settlement? The Two Words That Can Bind Your Company

In a previous article I wrote, “When Cases Settle: Release Language, Indemnity, Hold Harmless, and Other Concerns”  (see HERE), I warned subrogation professionals about the dangers lurking in the seemingly routine release that arrives after a claim is settled. A seven-page “standard release” can transform a simple subrogation recovery into an assumption of indemnity obligations…

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Opposing Counsel Is Not Your Recovery Counsel: The Fredach Decision Is A Wake-Up Call For Subrogation Recovery

Every experienced recovery professional understands the temptation. A plaintiff’s attorney acknowledges the lien, says it will be “protected,” and promises to deal with reimbursement when the injury claim resolves. The file appears to be under control. Everyone is communicating. No one is openly refusing to cooperate. But a recent Wisconsin Court of Appeals decision shows…

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