California legislators proposed SB 492 to address victim payouts and utility liability regarding wildfires. The proposed legislation initially included a waiver of subrogation. However, an amended version of California SB 492 and the compromise were considerably better for the subrogation industry than the proposal that preceded it; however, the legislation died. Insurance industry organizations provided…
For most of the history of automobile subrogation, determining who caused an accident has involved decidedly human questions. Who had the right-of-way? Who was speeding? Who ran the red light? Who failed to maintain a proper lookout? An automobile insurer pays its insured and then pursues the negligent third party responsible for the loss. Human…
Kentucky has not been kind to workers’ compensation subrogation. In our 2023 article, “The Ten Best and Ten Worst States for Subrogating”, we ranked Kentucky as the fifth-worst state in the country. We wrote: Only recently has Kentucky become a bad jurisdiction for workers’ compensation subrogation. It drops to No. 5 thanks to Arkansas being…
In a previous article I wrote, “When Cases Settle: Release Language, Indemnity, Hold Harmless, and Other Concerns” (see HERE), I warned subrogation professionals about the dangers lurking in the seemingly routine release that arrives after a claim is settled. A seven-page “standard release” can transform a simple subrogation recovery into an assumption of indemnity obligations…
Every experienced recovery professional understands the temptation. A plaintiff’s attorney acknowledges the lien, says it will be “protected,” and promises to deal with reimbursement when the injury claim resolves. The file appears to be under control. Everyone is communicating. No one is openly refusing to cooperate. But a recent Wisconsin Court of Appeals decision shows…
On March 27, 2026, the Court granted review in Debra Morris, et al. v. Old Republic Insurance Company, Cause No. 24-1034, arising from the Tyler Court of Appeals’ decision in Old Republic Insurance Company v. Morris, 700 S.W.3d 172 (Tex. App.—Tyler 2024). Oral argument is scheduled for September 15, 2026. The case presents an important…
My recent article, which was in our May newsletter, discussed the Michigan Court of Appeals’ important decision in Call v. L & KJ Enterprises, LLC, which reopened a significant door for Michigan PIP carriers pursuing recovery against negligent non-motorist tortfeasors. However, subrogation professionals who handle Michigan are now faced with a new question: how does…
President Trump’s recent “Freedom to Fix” initiative has once again thrust the “Right to Repair” movement into the national spotlight. While the Administration’s June 29, 2026 Executive Order is aimed primarily at reducing unnecessary regulatory barriers surrounding vehicle emissions systems and repairs, it has reignited a much broader debate that has simmered for decades: Who…
Every experienced subrogation professional understands the appeal of settling a workers’ compensation subrogation lien directly with the at-fault party’s liability carrier. The file appears straightforward. Liability is clear. The lien is documented. The liability adjuster is willing to write a check. No lawsuit has been filed; the injured worker is not actively pursuing a claim,…
For years, disputes over sales tax in automobile total loss claims have focused on whether the insured replaced the vehicle. That framing, while convenient, has obscured a more important and recurring issue: what happens when the insured retains the salvage. Georgia’s issuance of Directive 22-EX-2 brings that question into sharper focus in at least one…