KENTUCKY-FRIED SUBROGATION: Supreme Court Delivers Carriers a Long-Overdue Victory in Kentucky Workers’ Compensation Subrogation K-VA-T Food Stores, Inc. v. Blackburn, 2026 WL 2510926 (Ky. 2026)

Newsletter, Subrogation, Workers' Compensation

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…

When is a Settlement a Settlement? The Two Words That Can Bind Your Company

Newsletter, Subrogation

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…

Opposing Counsel Is Not Your Recovery Counsel: The Fredach Decision Is A Wake-Up Call For Subrogation Recovery

Newsletter, Subrogation

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…

Texas Supreme Court to Decide Major Workers Compensation Subrogation Question in Old Republic v. Morris

Newsletter, Subrogation, Workers' Compensation

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…

The New Michigan PIP Trap: After Call v. L & KJ Enterprises, a Lien Letter Is Not Enough

Auto, Med Pay, PIP, Newsletter, Subrogation

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…

The Use Of Aftermarket (Non-Oem) Crash Parts In The Repair Of Damaged Vehicles: A 50-State Guide for Claims Professionals

Auto, Med Pay, PIP, Newsletter, Subrogation

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…

The Ladder Law Advantage: Why New York Work Comp Subrogation Demands Aggressive Subrogation Counsel

Newsletter

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.…

The Cheap Recovery That Costs Too Much: Why Do-It-Yourself Workers’ Compensation Subrogation Needs Subro Counsel Oversight

Newsletter, Subrogation, Workers' Compensation

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,…

Distracted Driving, Evolving Laws, and Hidden Subrogation Opportunity

Auto, Med Pay, PIP, Newsletter, Subrogation

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…