WHEN WORLDS COLLIDE: Workers’ Comp Subrogation Of UM Benefits In Louisiana

There is a great deal of confusion in Louisiana regarding whether a workers’ compensation carrier can subrogate against or receive reimbursement from the proceeds of an uninsured or underinsured (UM/UIM) automobile policy. The Louisiana Supreme Court has unequivocally stated that a UM carrier is considered a third person under Louisiana workers’ compensation law. Travelers Ins.…

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Wisconsin Supreme Court Clarifies When Homeowner Can Be Held Liable For Negligent Acts Of Independent Contractor

The independent contractor rule in Wisconsin generally provides that “one who contracts for the services of an independent contractor is not liable to others for the acts of the independent contractor.” Lofy v. Joint School District 2, 42 Wis.2d 253, 166 N.W.2d 809 (Wis. 1969). However, an exception to this rule has been found if…

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“No Pay, No Play” May Limit Force-Placed Carriers’ Ability to Subrogate In Louisiana

“Force-placed insurance” is an insurance policy placed by a lender or bank on a home or vehicle when the property owners’ own insurance is cancelled, has lapsed or is deemed insufficient. This insurance insures the lender and allows the lender to protect its financial interest in the property. It is rarely called the same thing…

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Meet The Expert: Charles A. Barnes, Sr.

Complex litigation and subrogation cases involving product liability and/or technical issues frequently require opinion testimony in the form of expert witnesses. The role of the expert is to educate lay judges and juries who lack knowledge about a particular issue or technology involved in a case. This includes everything from the design of a complex…

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Pennsylvania Supreme Court Clarifies State’s Products Liability Law

For years, Pennsylvania products liability law has been split between state and federal courts with regard to the applicable standard for proving a strict liability design defect case. Pennsylvania State Courts followed common law precedent flowing from a 1978 case, implementing the principles of the Restatement of Torts (Second). In 2009, the U.S Court of…

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Squeezing Blood From The Uninsured Turnip: Suspension of Driver’s Licenses

Subrogating against uninsured drivers is one of the less glamorous aspects of automobile insurance subrogation. It is the pariah of our industry and could easily be featured on the Discovery Channel series, Dirty Jobs. Initiating subrogation against uninsured and judgment-proof drivers is often nothing more than an exercise in futility, and frequently involves nothing more…

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