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Newsletter

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Texas Supreme Court Narrows Economic Loss Doctrine

Contribution and Liability, Newsletter, Product Liability, Property, SubrogationOctober 20, 2014

A new Texas Supreme Court decision in Chapman Custom Homes, Inc. v. Dallas Plumbing Co., 2014 WL 4116839 (Tex. 2014) narrows the stranglehold of the Economic Loss Doctrine (ELD) and states that the ELD precludes recovery in tort for economic…

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Texas Court Backs Private Right Of Action For Medicare Advantage Organizations

ERISA and Health Insurance, Newsletter, SubrogationSeptember 30, 2014

In Humana v. Farmers Texas County Mutual, et al., 13-cv-006111 (W.D. Tex. Sept. 24, 2014), the plaintiff, a Medicare Advantage Organization (MAO), sought reimbursement from a no-fault automobile insurer. The magistrate judge previously granted the defendant’s motion to dismiss holding…

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Illinois Legislature Outsmarts Illinois Court of Appeals

Auto, Med Pay, PIP, Newsletter, SubrogationSeptember 18, 2014

Governor signs amendment to § 143.24d making arbitration of small auto property claims mandatory but not binding.   In 2013, Illinois enacted a new statute requiring the mandatory arbitration of collision subrogation claims involving less than $2,500. 215 I.L.C.S. §…

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7,540 Reasons To Include Your Insured’s Deductible In Your Subrogation Claim

Auto, Med Pay, PIP, Newsletter, SubrogationSeptember 18, 2014

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make…

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District Of Columbia Plans To Limit Time For Compensation Carrier To File Subrogation Suit

Newsletter, Subrogation, Workers' CompensationSeptember 18, 2014

On June 27, 2013, the Council of the District of Columbia enacted emergency and temporary legislation resulting in an amendment to § 32-1535 which narrows the window during which a workers’ compensation carrier has to file a third-party action. An…

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2nd Circuit Strips Fully-Insured Plans Of Preemption Of New York Anti-Subrogation Law

ERISA and Health Insurance, Newsletter, SubrogationAugust 27, 2014

For the time being, trial lawyers are celebrating the recent 2nd Circuit decision in Wurtz v. Rawlings Co., LLC, 2014 WL 3746801 (2nd Cir. 2014), which on July 31st, held that a class action suit seeking to enjoin three defendants…

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Recovery Of Allocated Loss Adjustment Expenses In Property Subrogation Cases: Subrogating For More Than Your Insured’s Property Damage

Newsletter, Property, SubrogationAugust 27, 2014

Property insurers along all lines could simplify their business practices and lower their overhead considerably by simply paying any and all property damages, claims, expenses, and consequential damages alleged to have been incurred by and in the amounts claimed by…

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Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 27, 2014

A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when it announced that a workers’ compensation carrier has no subrogation/reimbursement rights on the medical…

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Wisconsin Appellate Court Clarifies Subjective And Objective Intent Requirements In Intentional Act Exclusion

Insurance Coverage, Insurance Defense, NewsletterAugust 14, 2014

The Wisconsin Court of Appeals recently had occasion to address the issue of whether “subjective” and/or “objective” intent to cause injury must be found in the context of an intentional act exclusion. In Fetherstone v. Parks, ­2014 WI App. 2,…

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Wisconsin Supreme Court Expands Coverage For Permissive Users Under Auto Policies

Insurance Coverage, Insurance Defense, NewsletterAugust 14, 2014

The Wisconsin Supreme Court recently expanded the scope of coverage under auto policies when it held an auto insurer must defend and indemnify a permissive user of the auto who is sued by the named insured. Blasing v. Zurich Amer.…

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