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…
The 2023 Maui Wildfires: An Overview On August 8, 2023, multiple wildfires ignited across Maui, with the most catastrophic blaze engulfing Lahaina, a historic town on the island’s northwest coast. The fires were exacerbated by dry, gusty conditions created by a strong area of high pressure to the north and Hurricane Dora passing to the…
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…
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…
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…
The author, Franz Kafka, known for his dark situations, which many people relate to, once wrote a short story about an omnipotent power floating just beyond our reach: You go to the city to see the law. Upon arrival outside the law building, there is a guard who says “You may not pass without permission.”…
A study conducted by scientists at the University of Miami has revealed that almost three dozen high-rise condos and luxury hotels along the beach in South Florida are sinking, and insurance companies are on high alert. To be exact, thirty-five buildings, including both luxury hotels and condominiums, have sunk between one to three inches in…
Jason Wolk and Jeffrey Meyer were injured while working for J. Wolk Construction, LLC. Their workers’ compensation insurer, Grinnell Mutual, covered their claims, paying Wolk $900,969.83 and Meyer $815,829.47. The employees pursued legal action against multiple third parties, and before the case proceeded to trial, one of the defendants agreed to a $1,000,000 settlement. Each…
The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. The same holds true for subrogation files in which the subrogated carrier must sometimes invest in an expert to assist in meeting our burden of proof…
Recognizing, investigating, and aggressively pursuing subrogation potential is a very important part of claims and subrogation professionals’ day-to-day responsibilities. But doing so carelessly is not without its traps, pitfalls, and consequences. Claims handlers who also wear a subrogation hat must delicately balance the exigent need for an insured to get his burned dwelling or structure…