Laurel Hill Mgmt. Servs. v. La-Z-Boy Inc., 25-1727 (6th Cir. Aug. 19, 2026). Cent. States v. McClain, 25-2727 (7th Cir. Aug. 26, 2026) ERISA preemption is one of the golden tickets in health subrogation. It is this concept that allows ERISA plans to escape the confines of state-law anti-subrogation rules like made whole and common…
Dodge v. Didion Milling, Inc., 2025AP3 (Wis. App. Jul. 30, 2026) (per curiam). **“Per curiam” means the opinion was issued by the court as a whole rather than signed by one judge; this opinion is unpublished and generally cannot be cited as precedent in Wisconsin courts. One of the tradeoffs of Wisconsin’s workers’ compensation system…
California legislators proposed SB 492 to address victim payouts and utility liability regarding wildfires. The proposed legislation initially included a waiver of subrogation. However, an amended version of California SB 492 and the compromise were considerably better for the subrogation industry than the proposal that preceded it; however, the legislation died. Insurance industry organizations provided…
The August 19, 2026 New York Times article, “How Wall St. Profits When Personal Injury Lawsuits Pay Out,” takes a hard look at the rapidly expanding world of litigation financing. Litigation financing can give an injured person short-term help with rent and other expenses while a personal injury claim is pending. But the same arrangement…
For most of the history of automobile subrogation, determining who caused an accident has involved decidedly human questions. Who had the right-of-way? Who was speeding? Who ran the red light? Who failed to maintain a proper lookout? An automobile insurer pays its insured and then pursues the negligent third party responsible for the loss. Human…
Kentucky has not been kind to workers’ compensation subrogation. In our 2023 article, “The Ten Best and Ten Worst States for Subrogating”, we ranked Kentucky as the fifth-worst state in the country. We wrote: Only recently has Kentucky become a bad jurisdiction for workers’ compensation subrogation. It drops to No. 5 thanks to Arkansas being…
In a previous article I wrote, “When Cases Settle: Release Language, Indemnity, Hold Harmless, and Other Concerns” (see HERE), I warned subrogation professionals about the dangers lurking in the seemingly routine release that arrives after a claim is settled. A seven-page “standard release” can transform a simple subrogation recovery into an assumption of indemnity obligations…
Every experienced recovery professional understands the temptation. A plaintiff’s attorney acknowledges the lien, says it will be “protected,” and promises to deal with reimbursement when the injury claim resolves. The file appears to be under control. Everyone is communicating. No one is openly refusing to cooperate. But a recent Wisconsin Court of Appeals decision shows…
On March 27, 2026, the Court granted review in Debra Morris, et al. v. Old Republic Insurance Company, Cause No. 24-1034, arising from the Tyler Court of Appeals’ decision in Old Republic Insurance Company v. Morris, 700 S.W.3d 172 (Tex. App.—Tyler 2024). Oral argument is scheduled for September 15, 2026. The case presents an important…
My recent article, which was in our May newsletter, discussed the Michigan Court of Appeals’ important decision in Call v. L & KJ Enterprises, LLC, which reopened a significant door for Michigan PIP carriers pursuing recovery against negligent non-motorist tortfeasors. However, subrogation professionals who handle Michigan are now faced with a new question: how does…