Category Archives: Subrogation

MWL to Present a CPCU Webinar on Subrogating Catastrophes: The Surfside Condo Collapse and Acts of God

Posted on July 30, 2021

Presented By: Society of Chartered Property and Casualty Underwriters (CPCU) MWL Speakers: Gary Wickert, Mark Solomon, Ashton Kirsch, and Elizabeth Hernandez This webinar explores the many avenues of potential recovery from catastrophic events when negligence exacerbates or increases the damages. … Learn More

Beware Of Little-Known Workers’ Compensation Lien Waiver Trap In Oregon

Posted by Katherine A. Sandoval on July 29, 2021

A tragic, but all-too-frequent claims handling mistake in Oregon is the inadvertent waiver of a large workers’ compensation lien when the underlying claim is settled through a Claim Disposition Agreement (CDA). On an accepted workers’ compensation claim, the employee and … Learn More

Montana Supreme Court Confirms Insurer Is Victim Entitled To Restitution

Posted by Lee R. Wickert on July 16, 2021

Court-ordered restitution to be paid by a criminal to a subrogated insurance company has become a major source of revenue for carriers in the last couple of years. Restitution is the recovery from an economic loss suffered as the result … Learn More

11th Circuit Announces Expert Doesn’t Need Experience with Specific Product to Testify

Posted by Gary L. Wickert on July 8, 2021

Moore v. Intuitive Surgical, Inc., 995 F.3d 839 (11th Cir. 2021). The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. … Learn More

Florida’s Bid To End No-Fault Dies On The Vine

Posted by Elizabeth K. Hernandez on June 30, 2021

There are 12 states in America which have no-fault insurance laws: Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kentucky, Massachusetts, Minnesota, North Dakota and Utah. Florida’s status as a no-fault state was about to come to a ceremonial end … Learn More

Subrogating Surfside Condo Collapse

Posted by Elizabeth K. Hernandez on June 30, 2021

There are over a dozen people dead and 147 others remain unaccounted for. It is a human tragedy of unspeakable proportion and our prayers go out to all the families whose lives have been shattered by this tragic event. In … Learn More

Don’t Sweat The Small Claims; And They Are Mostly Small Claims

Posted by Gary L. Wickert on June 23, 2021

Successful Subrogation of Small Auto Claims Auto insurance subrogation is a game of numbers. How much was paid on the claim? How much can be recovered? How much will it cost to recover it? How much of the insured’s deductible … Learn More

Florida Supreme Court Decision Gives Clue As To Ability Of Workers’ Comp Carrier To Subrogate In Legal Malpractice Cases

Posted by Elizabeth K. Hernandez on June 17, 2021

A new ruling from the Florida Supreme Court may shed some light into ability of a workers’ compensation carrier to seek reimbursement from an employee’s legal malpractice claim against his or her personal injury attorney. In a case that had … Learn More

Mandatory Auto Arbitration: When It Absolutely, Positively, Must Be Arbitrated

Posted by Lee R. Wickert on June 3, 2021

When one insurance company subrogates against another insurance company and both are members of intercompany arbitration, arbitration is mandatory. It is the type of damages sought that determines whether arbitration is compulsory, not the type of coverage afforded by the … Learn More

The Unresolved Pitfalls of Employer Negligence in a California Workers’ Comp Subrogation Case

Posted by Zahra H. Aziz on May 25, 2021

Understanding the nuances of the somewhat complicated and confusing subrogation law in California is instrumental in formulating the right decision when it comes to protecting your workers’ compensation subrogation interests. California workers’ compensation subrogation requires both an in-depth knowledge of … Learn More