Kansas Flag

Kansas Court Of Appeals Does About-Face Allowing Workers’ Compensation Subrogation Against UM/UIM Policies

Turner v. Pleasant Acres LLC, 2022 WL 815834 (Kan. App. 2022). On the same day as the Alabama Court of Appeals issued its ruling in O’Brien v. Mobile Public Library, attempting to curtail the rights of a workers’ compensation carrier against UM/UIM benefits, the Kansas Court of Appeals was doing exactly the opposite. For years,…

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Alabama State Capital

Alabama Court Of Appeals Denies Workers’ Compensation Subrogation Against Employer’s UM/UIM Policy

Ignores Supreme Court Decision Hinting Otherwise O’Brien v. Mobile Pub. Lib., 2022 WL 829245 (Ala. App. 2022). Workers’ compensation subrogation remains an intense struggle between the powers of good and evil; with insurance carriers attempting to preserve their rights to seek reimbursement of claim payments made necessary through the negligent acts of tortfeasors and the…

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Pennsylvania Subrogation Law

Pennsylvania Reneges Once Again On Social Bargain Of Workers’ Compensation Subrogation

Loftus v. Katrina Decker: Appeal of Eastern Alliance Ins. Group, 2022 WL 711142 (Pa. Super. 2022) A March 10, 2022, Pennsylvania Superior Court appellate decision underscores why the cost of workers’ compensation insurance for small businesses is the highest in the northeast United States. In Loftus v. Decker, the workers’ compensation carrier (Eastern Alliance) paid…

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Road to Recovery

YOU LOSE IT, YOU BUY IT: Spoliation By Insurer Can Destroy Subrogation Potential

Insurance companies, third-party adjusting companies, and subrogation vendors are increasingly undertaking subrogation investigation at an early stage of a claim’s life. Understanding that early recognition and action on third-party recovery potential is often won or lost in the first few days following an insurance claim or loss, companies are learning to obtain and retain key…

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