Category Archives: Auto, Med Pay, PIP

Auto, Med Pay, PIP Subrogation Posts

When Is A Vehicle Considered Totaled?

When and whether a vehicle involved in a collision is considered “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories of older but functioning vehicles being “totaled” simply due … Learn More

Massachusetts Weighs In On Third-Party Liability For Diminished Value Damages

Martins v. Vermont Mutual Ins. Co., 2019 WL 3818293 (D. Mass. 2019) A federal district court in Massachusetts has ruled that Massachusetts tort law does not provide for recovery of “inherent diminution in value” damages by a third-party claimant. The … Learn More

Recent Decisions Slowly Restoring Made Whole Sanity In Montana

Montana remains one of the toughest states to subrogate in because it has a very strict made whole policy. It is the rule in Montana that an insured must be totally reimbursed for all losses as well as costs, including … Learn More

WHERE’S THE BEEF? Subrogating Livestock/ Vehicle Collisions In Texas

There are 22 million vehicles registered in Texas. There are also 13 million head of cattle, the most in the country and over twice the number of the state with the second-most—Nebraska.[1] Cattle and cars intersect more often than insurance … Learn More

Florida PIP Subrogation And The Mysterious “Commercial Vehicle” Exception

Let’s just say it. Florida PIP subrogation is a pain in the butt. The state was almost out of the weeds in 2007 when its no-fault laws automatically sunsetted; but the legislature passed a new no-fault law which took effect … Learn More

Oregon Senate Bill 421’s Effect On PIP And Health Insurance Subrogation Sounds Worse Than It Is

On March 23, 2015, Oregon Governor Kate Brown signed into law Senate Bill 421 which made PIP and UM/UIM subrogation much more intimidating, but perhaps only slightly more difficult. The new bill amended several Oregon statutes, doubled the PIP medical … Learn More

South Dakota Supreme Court Invents Policy Ambiguity, Denies Med Pay Subrogation

James v. State Farm Mutual Auto. Ins. Co., 929 N.W.2d 541 (S.D. 2019). The origins of auto insurance can be traced all the way back to the ancient Chinese when investors took out insurance policies on cargo ships crossing the … Learn More

Washington Supreme Court Throws Automobile Subrogation Into Chaos

The Spanish philosopher George Santayana once said that, “Chaos is the name we give order which produces confusion in our minds.” With that definition in mind, the July 3, 2019 Washington Supreme Court decision of Daniels v. State Farm Mut. … Learn More

Auto Insurer Argues Drunk Driving Accidents Not Covered Under Liability Policy: 5th Circuit Disagrees

Frederking v. Cincinnati Ins. Co., 2019 WL 2751700 (5th Cir. 2019). Carlos Sanchez got drunk and crashed into Richard Frederking while driving his employer’s vehicle insured by Cincinnati Insurance Company. Seriously injured, Frederking sued Sanchez in Texas state court and … Learn More

Minnesota and Tennessee Pass Hands-Free Cell Phone Laws

On Tuesday, April 9th, the Minnesota legislature passed new hands-free legislation requiring drivers to have their cell phones in hands-free mode while their vehicle is moving. The law, signed by Gov. Tim Walz, goes into effect on August 1, 2019. … Learn More