THIRD TIME’S A CHARM: Missouri Supreme Court Finally Gets FEHBA Preemption Right

Some states, including Missouri, are known as “anti-subrogation” states. Missouri’s public policy prohibits the assignment of a personal injury claim, whether it is called an assignment, subrogation interest, or agreement to reimburse. Hays v. Missouri Highways and Transp. Comm’n, 62 S.W.3d 538 (Mo. App. 2001). This means that in Missouri, a health insurance company who…

Nebraska Supreme Court Provides Valuable Clues To “Fair And Equitable” Distribution Of Recovery Under § 48-118(2)

Nebraska has recently become a battleground in the war against workers’ compensation subrogation being waged by trial lawyers. Nebraska is a “tweener” when it comes to workers’ compensation subrogation. It doesn’t provide a carrier with a first money right to recovery of third-party proceeds, as most states do, but neither does it employ a version…

Driverless Car Litigation

Gary Wickert recently appeared on a national Ringler Radio program, hosted by Larry Cohen. The program, titled “Driverless Car Litigation”, focused on the ever-changing intersection between the exploding industry of self-driving vehicles and litigation. The latest innovations in driverless cars were discussed, along with their likely impact on the insurance industry and underwriting. Even trial…

Wisconsin Court Of Appeals Reminds Insurance Carriers To Seek Judicial Determination Of No Coverage Before Denying Tender Of Defense

On May 2, 2017, the Wisconsin Court of Appeals outlined why an insurance carrier that fails to defend an insured without first seeking a judicial determination of no coverage does so at its own peril. See Country World Media Group, Inc. v. Erie Ins. Co., 2016 WI App. 1343. Wisconsin insurance carriers should take note…

Ohio Court Allows Workers’ Compensation Subrogation Reimbursement From Employer For Intentional Act

Words matter. On May 22, 2017, the Ohio Court of Appeals paid attention to the specific wording in the Workers’ Compensation Act and ignored the traditional definition given to the term “third party” in workers’ compensation subrogation settings. In McKinney v. Omni Die Casting, Inc., 2017 Ohio – 2949 (Ohio App. 2017), it held for…

ROBOCLAIMS: When Robots Injure Humans

Around the world, robots are increasingly being used to perform menial and complex labor tasks in the home and in the workplace. Robots are used in restaurant kitchens to make sushi and chop vegetables. They are also important earlier in food production, planting rice, and tending growing crops. Robots also work as receptionists and cleaners,…