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Jamie

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Enhanced Underinsured Motorist Coverage Now Offered In Maryland

Auto, Med Pay, PIP, NewsletterBy JamieOctober 17, 2017

Beginning July 1, 2018, Maryland auto insurers issuing new policies will be required to offer enhanced underinsured motorist (“EUIM”) coverage in place of the uninsured motorist (“UM”) coverage required under § 19-509. Md. Code Ins. § 19-501.1(d). Unlike UM coverage, EUIM…

Is Waiver Of Third-Party Rights By Employee Enforceable?

Newsletter, Workers' CompensationBy JamieSeptember 27, 2017

There is seemingly no end to the attacks on a workers’ compensation carrier’s rights of subrogation and reimbursement when a third-party is liable for a work-related injury. In New Jersey, however, the Supreme Court will soon be deciding whether even the…

New Orleans Area Massive Roofing Nail Spill on Interstate Results in Hundreds of Property Insurance Claims

Auto, Med Pay, PIP, NewsletterBy JamieSeptember 27, 2017

On September 26, 2017, a truck spilled thousands of roofing nails on Interstate 10 in Metairie, Louisiana (a suburb of New Orleans). Hundreds of vehicles rolled over the nails and sustained punctured tires, resulting in replacement of tires that may…

Use Of Aftermarket (Non-OEM) Crash Parts In Repair Of Damaged Vehicles

Auto, Med Pay, PIP, NewsletterBy JamieSeptember 26, 2017

According to a 1999 study commissioned by the Alliance of American Insurers (AAI), if you were to build a $25,000 vehicle using only Original Equipment Manufacturer (OEM) parts, it would cost you over $100,000. When repairing vehicles damaged in accidents,…

Illinois’ Mandatory Arbitration Law Repealed

Auto, Med Pay, PIP, NewsletterBy JamieSeptember 20, 2017

Mandatory Arbitration of Auto Physical Damage Claims Now a Thing Of The Past  The game of musical chairs regarding the Illinois law that requires mandatory arbitration of auto physical damage subrogation claims is finally over. The music has stopped and…

SUBROGATION SETTLEMENTS AND THE I.R.S.: Form W-9, Form 1099, Taxable Income, And All That Stuff

Newsletter, SubrogationBy JamieSeptember 18, 2017

Almost any time money changes hands in America, there are tax issues. The Internal Revenue Code (I.R.C.) is over 75,000 pages long, and contains fives times as many words as the Bible. The federal tax rules and resources within the…

Iowa Legislature Responds To Call For Reform Of Workers’ Compensation Act

Insurance Coverage, NewsletterBy JamieSeptember 14, 2017

The Iowa legislature has finally acted on the call by Iowa business groups to overhaul Iowa’s workers’ compensation system. For years, they have claimed that the state’s system has tilted unfairly toward injured workers and significantly raised employers’ costs. Many…

Arizona Allows Court To Reduce Workers’ Compensation Lien On Third-Party Settlement Due To Employer Fault

Newsletter, Workers' CompensationBy JamieSeptember 12, 2017

In May 2016, we published an article listing the ten best and the ten worst states for subrogating workers’ compensation. Arizona was near the top because it didn’t allow reduction of the carrier’s lien for attorneys’ fees and provided for…

Seat Belt Defense In All 50 States

Auto, Med Pay, PIP, NewsletterBy JamieAugust 31, 2017

Subrogation professionals must become familiar with an increasingly used defense in the litigation of auto insurance subrogation cases. Even if the insured is totally free from fault in the operation of the insured’s auto, not wearing a seat belt could…

Must Hurricane Harvey Victims File Insurance Claims Before September 1?

Newsletter, PropertyBy JamieAugust 29, 2017

As if the tragedy and destruction caused by Hurricane Harvey in the Houston and Gulf Coast region wasn’t bad enough, a few opportunistic trial lawyers and public adjusters have taken to social media urging Houston homeowners to file their insurance…

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