Florida Subrogation Law

Florida’s Bid To End No-Fault Dies On The Vine

There are 12 states in America which have no-fault insurance laws: Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kentucky, Massachusetts, Minnesota, North Dakota and Utah. Florida’s status as a no-fault state was about to come to a ceremonial end after the legislature passed Senate Bill 54, which effectively eliminates Florida’s no-fault system and requires…

Subrogating Surfside Condo Collapse

Subrogating Surfside Condo Collapse

There are over a dozen people dead and 147 others remain unaccounted for. It is a human tragedy of unspeakable proportion and our prayers go out to all the families whose lives have been shattered by this tragic event. In many ways, nothing matters more than those families. Still, the collapse of the Champlain Towers…

Gavel on Florida Flag

Florida Supreme Court Decision Gives Clue As To Ability Of Workers’ Comp Carrier To Subrogate In Legal Malpractice Cases

A new ruling from the Florida Supreme Court may shed some light into ability of a workers’ compensation carrier to seek reimbursement from an employee’s legal malpractice claim against his or her personal injury attorney. In a case that had been pending for almost two years, the Florida Supreme Court has ruled that a professional…

Arbitration Litigation

Mandatory Auto Arbitration: When It Absolutely, Positively, Must Be Arbitrated

When one insurance company subrogates against another insurance company and both are members of intercompany arbitration, arbitration is mandatory. It is the type of damages sought that determines whether arbitration is compulsory, not the type of coverage afforded by the Respondent. The type of liability coverage afforded by the Respondent is irrelevant. For example, when…

The Unresolved Pitfalls of Employer Negligence in a California Workers’ Comp Subrogation Case

Understanding the nuances of the somewhat complicated and confusing subrogation law in California is instrumental in formulating the right decision when it comes to protecting your workers’ compensation subrogation interests. California workers’ compensation subrogation requires both an in-depth knowledge of the law and the ability to play poker. California is perhaps the most confusing state…

Duplex

Duplex: Subrogating Landlord Tenant Property Losses

In the 2003 Miramax comedy Duplex, Ben Stiller and Drew Barrymore are Brooklyn landlords to a pesky, rent‑controlled tenant named Mrs. Connelly, played by Eileen Essell. Efforts to get rid of Connelly fail and the tenant’s careless actions cause a fire which nearly destroys the entire building. The fact that Ben Stiller’s insurance company had…

Work Injury Sign

The Rise And Fall Of Workers’ Compensation Premiums

Employers Fight Losing Battle Against Tortfeasors Who Cause Premium Increases Workers’ compensation insurance premiums seem to know only one direction – up. On average, premiums rise approximately 5% annually; more, if an insured has experienced significant losses. For many corporate risk managers and claims professionals, the concepts of underwriting and experience ratings remain a clouded…