Wisconsin Court Upholds Minnesota PIP Subrogation Rights Despite Policy Waiver – Jaster v. Selective Insurance (2025)

Auto, Med Pay, PIP, Newsletter

Stephanie Jaster, Plaintiff-Appellant, v. Selective Ins. Co. of S.C., Defendant-Respondent., 2025 WL 1379673 (Wis. App. May 13, 2025) In a recently released Wisconsin Court of Appeals decision, Stephanie Jaster v. Selective Insurance Co. of South Carolina, the court reaffirmed a key principle in the Minnesota PIP subrogation landscape: an insurer’s failure to expressly assert subrogation…

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UNLOCKING RECOVERY: The Power of Cyber Subrogation In The Digital Age

Newsletter, Subrogation

In today’s interconnected world, cyberattacks have become a pervasive threat, impacting businesses across all sectors. Insurance companies are at the forefront of mitigating these risks, often covering substantial losses resulting from data breaches, ransomware attacks, and other cyber incidents. However, the financial burden doesn’t have to end with claim payouts. Through the process of subrogation,…

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REWRITING SUBROGATION PLAYBOOKS: The Legal and Ethical Implications of Assignments in Small Claims

Newsletter, Subrogation

In the world of subrogation, insurers typically pursue recovery by directly asserting their subrogation rights against responsible third parties. However, in the decision rendered by a federal court for the Eastern District of Wisconsin, the subrogated carrier tried something different. In Reynolds v. MJC America, Ltd., 2025 WL 659390 (E.D. Wis. Feb. 28, 2025), American…

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PROTECTING WORKERS’ COMPENSATION SUBROGATION RIGHTS: Preserving the Grand Bargain for Nevada’s Small Businesses

Newsletter, Workers' Compensation

Introduction Workers’ compensation subrogation is more than a legal doctrine; it is a fundamental component of the grand bargain struck over a century ago in our country between employers and employees. This grand bargain ensured that injured workers would receive timely benefits without the need for litigation while protecting businesses from potentially crippling lawsuits. At…

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HOLDING NEGLIGENT ROOFERS ACCOUNTABLE: Subrogating Water Losses from Poor Rain Protection

Newsletter, Property, Subrogation

When homeowners hire roofing contractors to repair or replace their roofs, they expect professionalism and care. However, water damage caused by a roofer’s failure to protect a roof during inclement weather is a common and costly problem. For Insurance carriers pursuing subrogation, overcoming the defenses asserted by roofers, including claims that roofing work cannot always…

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THE HARD WORK OF SUCCESSFUL SUBROGATION

Newsletter, Subrogation

Ancient mythology and the modern practice of subrogation would seem to be strange bedfellows. Yet one story from the past has particular relevance when it comes to the never-ending toil required for aggressive and successful insurance subrogation. Sisyphus was the mythical King of Corinth in south-central Greece. He was a sly and deceitful person and…

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NAVIGATING THE LEGAL CHALLENGES OF SUBROGATION IN PEDESTRIAN ACCIDENT CLAIMS

Newsletter, Subrogation

While recent reports from the Governors Highway Safety Association (GHSA) highlight a slight decline in pedestrian deaths in early 2024, the broader trend of rising pedestrian fatalities over the past decade presents an increasing challenge for subrogation professionals. Determining liability in pedestrian accidents is often complex, as laws governing right-of-way, driver responsibility, and pedestrian duty…

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