Breaking Down French v. Amazon: Big Shift in Arkansas Subrogation Law

The Arkansas subrogation landscape is notoriously hostile toward insurance carriers, particularly in the workers’ compensation context. Anchored in a sweeping application of the “Made Whole Doctrine,” Arkansas courts have historically treated subrogated carriers as afterthoughts in the allocation of third-party recovery. However, a recent federal court decision—French v. Amazon.com, Inc.—delivers a long-awaited dose of clarity…

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Iowa Workers’ Comp Pitfalls: Small Errors That Jeopardize Large Liens

On July 23, 2025, the Iowa Court of Appeals gave us a stark reminder that a deceptively intricate statutory framework governs workers’ compensation subrogation in Iowa, and even seasoned litigators can find themselves ensnared by its procedural pitfalls. In Midwest Builders’ Casualty Mutual Co. v. RP Constructors, LLC, 2025 WL 2057804 (Iowa App. 2025), an…

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Defense Counsel’s Ethical Conflicts in Dual Representation in Illinois Workers’ Compensation and Subrogation Matters

In Illinois, workers’ compensation insurers are granted a statutory right of subrogation under Section 5(b) of the Illinois Workers’ Compensation Act (820 ILCS 305/5(b)). This section allows the carrier to recover amounts paid as compensation from any third-party tortfeasor. Typically, when an injured employee files a third-party lawsuit, the employer or its workers’ compensation carrier…

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Understanding Utah’s PIP Subrogation Deadline: Clearing Up the Confusion Before Time Runs Out

Utah’s approach to Personal Injury Protection (PIP) subrogation is an anomaly in American insurance law, presenting a uniquely statutory framework that has bred significant confusion among subrogation professionals over the applicable statute of limitations. Unlike other states that rely on equitable or contractual subrogation principles, Utah has enacted a rigid statutory mechanism for PIP reimbursement…

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Subrogation in the Eye of the Storm: Recent Severe Weather Presents Hidden Subrogation Opportunities

As a historic and deadly wave of severe weather events continues to batter the U.S. Midwest, the insurance and reinsurance industries are bracing for more than $5 billion in losses, making this one of the most significant natural disaster events of 2025. Tornadoes, torrential rains, flooding, and destructive winds have brought widespread destruction to communities…

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Subrogating Alone: Louisiana Court Reinforces Employer’s Right to Subrogate Without the Employee

A recent appellate decision out of Louisiana provides important clarity—and welcome reassurance—for workers’ compensation insurers and employers seeking to pursue and recover benefits from third-party tortfeasors independently. In Madden Gulf Coast LLC v. Hilark Industries, Inc., 2023 WL 8420961 (La. App. 2023), the court confirmed that an employer or its insurer can independently pursue a…

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