In the classic Peter Sellers comedy, “The Pink Panther Strikes Again,” one hilarious scene involves Inspector Clouseau checking into a hotel. He sees a small dog lying on the ground. “Does your dog bite?,” Clouseau asks the man at the desk. The man says no, so Clouseau stoops to pet the dog, who immediately and…
On May 31, 2025, Nevada Governor Joe Lombardo signed into law Senate Bill 258 (SB 258), a bipartisan effort that marks a pivotal turning point in the evolution of workers’ compensation subrogation rights in the Silver State. It also presents a unique approach among all 50 states to resolving the tensions that exist between plaintiff’s…
A recent appellate decision out of Louisiana provides important clarity—and welcome reassurance—for workers’ compensation insurers and employers seeking to pursue and recover benefits from third-party tortfeasors independently. In Madden Gulf Coast LLC v. Hilark Industries, Inc., 2023 WL 8420961 (La. App. 2023), the court confirmed that an employer or its insurer can independently pursue a…
Subrogation professionals handling automobile collision claims in New York face unique challenges when the tortfeasor is operating a municipal vehicle. While municipal immunity doctrines already complicate recovery, a lesser-known but highly influential statute—New York Vehicle and Traffic Law (VTL) § 1103(b)—can upend a seemingly straightforward subrogation file. This provision limits liability for vehicles engaged in…
In the realm of insurance subrogation, understanding the interplay between arbitration proceedings and statutes of limitations is crucial. A common query arises: Does initiating arbitration toll the statute of limitations? This question becomes particularly pertinent when a subrogated carrier files for arbitration, but the arbitration is dismissed for jurisdictional reasons—such as lack of coverage on…
Stephanie Jaster, Plaintiff-Appellant, v. Selective Ins. Co. of S.C., Defendant-Respondent., 2025 WL 1379673 (Wis. App. May 13, 2025) In a recently released Wisconsin Court of Appeals decision, Stephanie Jaster v. Selective Insurance Co. of South Carolina, the court reaffirmed a key principle in the Minnesota PIP subrogation landscape: an insurer’s failure to expressly assert subrogation…
In today’s digital warzone, the most dangerous threats often arrive disguised as something harmless. A CAPTCHA prompt. A fake DocuSign request. A simple email from a name you recognize. At MWL, we understand how one innocent click by a law firm without strong cybersecurity protocols can unravel millions of dollars’ worth of client data security.…
In today’s interconnected world, cyberattacks have become a pervasive threat, impacting businesses across all sectors. Insurance companies are at the forefront of mitigating these risks, often covering substantial losses resulting from data breaches, ransomware attacks, and other cyber incidents. However, the financial burden doesn’t have to end with claim payouts. Through the process of subrogation,…
In the world of subrogation, insurers typically pursue recovery by directly asserting their subrogation rights against responsible third parties. However, in the decision rendered by a federal court for the Eastern District of Wisconsin, the subrogated carrier tried something different. In Reynolds v. MJC America, Ltd., 2025 WL 659390 (E.D. Wis. Feb. 28, 2025), American…
Introduction Workers’ compensation subrogation is more than a legal doctrine; it is a fundamental component of the grand bargain struck over a century ago in our country between employers and employees. This grand bargain ensured that injured workers would receive timely benefits without the need for litigation while protecting businesses from potentially crippling lawsuits. At…