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…
President Trump’s recent “Freedom to Fix” initiative has once again thrust the “Right to Repair” movement into the national spotlight. While the Administration’s June 29, 2026 Executive Order is aimed primarily at reducing unnecessary regulatory barriers surrounding vehicle emissions systems and repairs, it has reignited a much broader debate that has simmered for decades: Who…
Many subrogation professionals handling New York workers’ compensation files know that construction accidents can produce significant third-party recoveries, but they may not appreciate why New York offers some unique recovery opportunities not present in other states. Injuries in New York involving ladders and scaffolding are plentiful, and the injuries are usually very serious and permanent.…
Every experienced subrogation professional understands the appeal of settling a workers’ compensation subrogation lien directly with the at-fault party’s liability carrier. The file appears straightforward. Liability is clear. The lien is documented. The liability adjuster is willing to write a check. No lawsuit has been filed; the injured worker is not actively pursuing a claim,…
For years, disputes over sales tax in automobile total loss claims have focused on whether the insured replaced the vehicle. That framing, while convenient, has obscured a more important and recurring issue: what happens when the insured retains the salvage. Georgia’s issuance of Directive 22-EX-2 brings that question into sharper focus in at least one…
Nearly a decade ago, our firm examined the growing problem of texting while driving and the patchwork of laws attempting to address it. See HERE. Since that time, the problem has not improved. It has accelerated. The widespread adoption of smartphones, social media platforms, and ubiquitous app-based communication has fundamentally altered driver behavior, creating a…
The transportation industry has long relied on federal preemption as a powerful defense against certain state-law claims targeting freight brokers. That landscape changed dramatically with the United States Supreme Court’s recent decision in Montgomery v. Caribe Transport II, LLC. In a unanimous ruling, the Court opened the door for plaintiffs to pursue negligent hiring and…
Kentucky’s “up-the-ladder” immunity doctrine has long been a trap for the unwary subrogation professional. In Kentucky, the concept of who is an “employer” (as opposed to a “third-party tortfeasor” who can be sued in subrogation) extends well beyond the injured worker’s direct employer. Under K.R.S. § 342.610(2)(b), a contractor may be deemed a “statutory employer”—and…