It’s going to be a banner year for trial lawyers and a tough year for auto insurers. More than 3,000 people are killed on U.S. roads every year in distracted driving crashes, and the use of cellphones while driving has…
Gary Wickert and Jim Busenlener will be providing a complimentary webinar on April 11, 2018 from 10:00 to 11:30 a.m. (CDT). This webinar will provide a thorough and instructive look at the handling of longshore subrogation from first report to settlement…
Extinguishing Third-Party Liability as a Prerequisite to Contribution The absence of a simple sentence in a release signed by the claimant after settling a liability claim is costing liability carriers millions of dollars in contribution recoveries across the country. By…
Delays in Referring File to Subrogation Counsel Can Be Expensive. In July 2017, we published an article in the Claims Journal entitled “Ten Subrogation Mistakes Insurance Companies Keep Making.” A copy of the somewhat controversial article can be viewed HERE.…
It was the Wisconsin Legislature to the rescue. On January 6, 2018, the Wisconsin Court of Appeals held that a temporary employee on loan to a special employer appeared to have an option of either filing a workers’ compensation claim…
When multiple insurers provide coverage for a single loss or accident, things can get confusing. Coinsurance can arise as a result of conscious risk-sharing or accidentally when two policies have overlapping coverage. Litigation involving who pays what, when, and in…
There is little law in California regarding the subrogation/reimbursement and/or future credit rights of an employer or workers’ compensation carrier when an employee makes a third-party recovery because of legal malpractice in the handling of the employee’s attorney. This is surprising,…
Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer has arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153…
E-cigarettes are advertised and sold as a safer alternative to traditional cigarettes. They literally burst onto the scene back in 2007 and are now a $7 billion global industry made up of roughly 500 brands. Some of the most popular brands…
Most people remember from grade-school science class that water expands as it freezes. There is also a common misconception that this expanding ice physically causes a pipe to rupture. However, this expanding ice is often only one part of the equation, in…