A rapidly changing area of insurance defense involves products causing injury or damage to people and property. Many states are moving towards adopting the standards set by the Restatement (Third) of Torts, and Wisconsin is no different. On February 1, 2011, the Wisconsin Omnibus Tort Reform Act went into effect, severely affecting and changing products…
In Bethke v. Auto-Owners Ins. Co., 2013 WI 16 (2013), the plaintiffs sought underinsured motorist (UIM) coverage under a policy issued by Auto-Owners (“Owners”) as a result of an automobile accident caused by an allegedly negligent driver of a rental vehicle owned by Avis Rent-A-Car (“Avis”). Avis, as a car rental company, was statutorily required…
Court Recognizes Importance of Subrogation In Reducing Premiums: Calingo v. Meridian Resource Co., LLC, 2013 WL 1250448 (S.D.N.Y. 2013). The U.S. government sponsors more than 350 different health Plans covering more than nine million federal employees, retirees, and beneficiaries through the Federal Employees Health Benefit Act of 1959 (FEHBA). 5 U.S.C. §§ 8901-8914. These health Plans…
U.S. Supreme Court Unanimously Holds Equity Does Not Trump Plan Language On April 16, 2013, the U.S. Supreme Court issued its long-anticipated decision in U.S. Airways, Inc. v. McCutchen, 2013 WL 1567371 (2013), a case in which the future of ERISA health insurance subrogation hung in the balance. Subrogation won, trial lawyers lost. In a rare…
A new Minnesota Court of Appeals decision makes clear that timing is everything when it comes to UIM subrogation. The court’s decision in Russell v. Haji-Ali, 826 N.W.2d 216 (Minn. App. 2013) means that a claims professional settling a uninsured/underinsured motorist (UM/UIM) claim must now understand that UM/UIM benefits received by an insured before a…
Until recently, there had been a big question over whether a PIP or Med Pay carrier had a right of subrogation in Arkansas. A.C.A. § 23-79-146 authorizes subrogation rights for any casualty insurer, accident and health insurer. It provides as follows: § 23-79-146. Subrogation Recovery. (a)(1) Any casualty insurer, accident and health insurer, health maintenance…
In 1 Samuel 17, the Bible tells one of the most poignant and motivating stories of all time. The Philistine army had gathered for war against Israel. The two armies faced each other, camped for battle on opposite sides of a steep valley. Goliath, a Philistine giant measuring over seven feet tall and wearing full…