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…
Insurers handling losses arising from the Amarillo “Stinky Fire” should act quickly to evaluate and preserve potential recovery claims. The fire, which reportedly originated at the City of Amarillo’s municipal landfill on May 17, 2026, may give rise to claims against governmental and private entities. However, claims against the City of Amarillo are likely subject…
For decades, Michigan no-fault carriers operated under a rigid, confusing, and often frustrating limitation: recovery of Personal Injury Protection (PIP) benefits was largely confined to the narrow statutory framework of M.C.L.A. § 500.3116. That statute carefully circumscribes when a carrier may obtain reimbursement of a lien against its insured’s tort recovery, and Michigan courts historically…
The U.S. Supreme Court’s unanimous decision in Montgomery v. Caribe Transport II, LLC has significantly altered the legal landscape for freight brokers, transportation intermediaries, insurers, and litigants nationwide. In a ruling that will likely reshape trucking litigation for years to come, the Court held that state-law negligent hiring claims against freight brokers are not preempted…
The Hidden Legal Fault Line in Freight Brokerage In the trucking industry, freight brokerage often appears straightforward on the surface—connecting shippers with carriers to move freight from point A to point B. Yet beneath that operational simplicity lies a steadily expanding legal fault line, where a single carrier-selection decision can become the center of multi-million-dollar…