FOLLOWING THE MONEY: Subrogating MSC-90 Payments Against An Uninsured Operator

Newsletter, Transportation and Cargo

Trucking insurers issuing motor carrier policies which contain MCS-90 Endorsements may be overlooking significant subrogation and recovery opportunities. MCS-90 subrogation is a fascinating and under-utilized means of recovery that can significantly increase an insurance carrier’s bottom line. Understanding the history behind and developing a working knowledge of MCS-90 Endorsements is essential for any adjuster or subrogation…

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Anti-Subrogation States Split On Impact Of Latest FEHBA Preemption Regulations

ERISA and Health Insurance, Newsletter, Subrogation

For over a decade, state and federal courts throughout the nation have wrestled with the issue of whether FEHBA (Federal Employees Health Benefit Act of 1959) preempts state subrogation laws. 5 U.S.C. §§ 8901-8914. Both Missouri and Arizona are well-known anti-subrogation states. See Wayne v. Bankers Multiple Line Ins. Co., 796 S.W.2d 660 (Mo. Ct.…

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DePuy And Johnson & Johnson Hit With $502 Million Verdict In Pinnacle Hip Lawsuit

Insurance Coverage, Insurance Defense, Newsletter

The recent consolidated bellwether trial of the DePuy Pinnacle Hip Implant multi-district litigation concluded on Thursday, March 17, 2016, with a whopping $502 million verdict against defendants DePuy Orthopaedics, Inc. and Johnson & Johnson. Following months of trial in the Northern District of Texas, the jury found in favor of all eight plaintiffs — five…

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The Perfect Crime

Newsletter

While not related to subrogation, we felt that an interesting article about a hypothetical situation in which the peculiar intersection of constitutional, federal, and state law creates an opportunity for the “perfect crime.” In 2005, Michigan State University College of Law Associate Professor Brian C. Kalt hypothesized a “criminal” act that would not be subject…

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