New Jersey Flag

New Jersey Supreme Court Confirms That Workers’ Compensation Subrogation Is Not Limited By No-Fault Laws

New Jersey Transit Corp. v. Sanchez, 2020 WL 2374054 (N.J. 2020). On May 12, 2020, the New Jersey Supreme Court answered a long-standing subrogation question regarding whether a workers’ compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey no-fault insurance, even though the employee does not…

Chess Checkmate

Federal Tort Claims Act Subrogation

The federal government is everywhere. It employs nearly 9.1 million workers, which is nearly 6% of total U.S. workforce. This includes nearly 2.1 million federal employees, 4.1 million contract employees, 1.2 million grant employees, 1.3 million active duty military personnel, and more than 500,000 postal service employees. They operate trucks, construct highways, build buildings, drive…

Covid-19 Spore

Orders Prohibiting “Outbound Collection Efforts” Not Likely To Affect Subrogation Efforts

Given the financial impact of COVID-19 on the country and world, both federal and local governments have scrambled to impose new protections for consumers. Federal protections have been put in place to prevent the collection of both principal and interest on certain federally-held student loans[1], as well as relief from foreclosure for many federally-backed mortgage…

Covid-19 Insurance Coverage

Insurers Face Delicate COVID-19 Coverage Decisions

Insurance companies are no dummies. The world’s largest insurance companies learned important lessons following previous worldwide health crises. Since the 2003 SARS pandemic, they have tightened up their policies and carefully crafted policy language excluding communicable diseases. They have anticipated the avalanche of business interruption claims which flow from worldwide catastrophes such as the Coronavirus…