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…
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…
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…
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…
As is the case in many no-fault states, Delaware employees injured in an automobile accident in the course and scope of employment might be entitled to both workers’ compensation and PIP benefits simultaneously. The Worker’s Compensation Act requires every employer…
Georgia has long been the bane of a subrogation professional’s existence. The State features both an anti-subrogation law and a complete compensation (“made-whole”) statute. The combination of these two laws have led many insurers to simply write off the hope…
When an automobile is damaged in an accident and then repaired, the resale value may be less than a comparable automobile that has not been damaged. In other words, the damage results in a reduction or “diminution” in the resale…
One of the most heavily contested types of subrogation cases we encounter involves recovery of the reasonable cost of repairs performed in-house by a commercial fleet, trucking company, auto dealership, or rental car company whose vehicle has been damaged due…
Insurance policy deductibles and subrogation make strange bedfellows. Most property and automobile insurance policies require that the insured pay a deductible—an out-of-pocket payment the insured is required to pay toward a covered loss before the insurance company kicks in with…
Most insurance claims professionals understand that, as opposed to uninsured motorist (UM) coverage, which pays damages to an insured who is involved in an accident with an uninsured driver, underinsured motorist (UIM) coverage is automobile insurance coverage which protects an…