Making Subrogation While the Hay Shines
Texas is by far the biggest producer of hay in the United States; with Missouri and Nebraska a distant second and third. Feeding livestock is the number one use of hay, as almost any animal on a farm or ranch…
Juris Publishers Releases MWL Livestock Litigation Book
For the last ten years MWL has self-published and distributed its book entitled “Where’s The Beef?: Subrogating Livestock/Vehicle Collisions in All 50 States.” Recently, the firm has partnered with its legal treatise publisher, Juris Publishers, Inc. in New York, to…
Made Whole Doctrine Class Action Suits and Bad Faith Litigation Continue to Threaten Subrogation Claims
One of the most successful weapons trial lawyers have discovered in combatting subrogation across the country has been the Made Whole Doctrine. It requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer…
Security Footage May Have Captured Origin of Hawaii Wildfires
What Happened The island of Maui, Hawaii was the unfortunate victim to catastrophic wildfires on August 8, 2023. Sources and authorities say that throughout the day and night of August 8, several brush fires were ignited all over the island…
What Subrogation Adjusters Should Know About No-Pay, No-Play Laws
Most states now have mandatory car insurance laws that require all drivers to have some type of insurance. New Hampshire is the last of the 50 states which does not require mandatory automobile liability insurance. Wisconsin was second to last,…
WHEN LANDLORD’S CARRIER SUBROGATES AGAINST TENANT IN DELAWARE, READ THE LEASE: Donegal Mut. Ins. Co. v. Thangavel, 2023 WL 4605076 (Del. 2023)
Across the country, landlord/property owners’ insurance carriers’ efforts to subrogate against tenants who cause damage to the owners’ property has become a heavily-litigated issue—with mixed results. The ability of a landlord’s property insurer to subrogate against a tenant for property…
STATUTORY EMPLOYER IMMUNITY AND THE TWO-CONTRACT THEORY IN LOUISIANA: Stonetrust Com. Ins. Co. v. TBT Contracting, Inc., 2023 WL 4067496 (La. App. 2023)
In Louisiana, when a company undertakes to execute any work which is a part of its trade, business or occupation, and contracts with any subcontractor for the execution of such work, the company is entitled to the exclusive remedy protection…
MASSACHUSETTS SUPREME COURT PROTECTS DEALERSHIP FROM VICARIOUS LIABILITY FOR NEGLIGENCE OF CUSTOMER DRIVING COURTESY VEHICLE: Garcia v. Steele, 2023 WL 4188359 (Mass. 2023)
Auto subrogation and car dealerships are no strangers to one another. Car dealerships and their insurers routinely seek to hold vehicle test drivers, customers, and other permissive users liable for physical damage to the dealers’ courtesy and rental vehicles and…
The Ten Best and Ten Worst States for Subrogating Workers’ Compensation in 2023
It has been seven years since we first published our rankings of the ten best and ten worst states for workers’ compensation subrogation. Since then, case decisions and legislatures have been busy trying to help trial lawyers destroy workers’ compensation…
A VOICE OF REASON CRIES OUT IN THE MADE WHOLE WILDERNESS: It’s Not Illegal to Subrogate in Missouri Before Insured Made Whole
For years, trial lawyers have been threatening and filing class action lawsuits in multiple states in an effort to thwart their arch nemesis—subrogation. States such as Montana have gone so far as to hold that it is the burden of…