Category Archives: Auto, Med Pay, PIP

Auto, Med Pay, PIP Subrogation Posts

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

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

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

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

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

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

What Does It Mean To Total A Vehicle?

Understanding the Difference Between Total Loss and Salvage Vehicles Nowhere is the difference between “knowing” something and “understanding” something more evident than when it comes to the relationship between “totaling a vehicle” for insurance purposes and the concept of salvage … Learn More

Wisconsin Court of Appeals Confirms Omnibus Coverage Follows Vehicle, Not Driver

With exceptions not relevant here, the omnibus statute, Wis. Stat. § 632.32, requires every motor vehicle insurance policy issued to an owner to provide that: (a) Coverage provided to the named insured applies in the same manner and under the same … Learn More

Uninsured Motorist Subrogation: Pursuing The Uninsured At-Fault Driver

“Is the Juice Worth The (Florida Orange) Squeeze?” Carriers and adjusters are all too familiar with the “Judgment Proof Uninsured At-Fault Motorist.” Unless your insured happened to be driving in the Tampa area and was t-boned by Tom Brady, the … Learn More

New Maryland Law Encourages Drivers To Drive Without Insurance

There is a pandemic afoot that may rival COVID-19 in the amount of destruction it leaves in its wake. Nearly one U.S. driver in eight is speeding around on American roads and highways without any liability insurance. Even though every … Learn More

The Adventure of Subrogation Investigation

“Mr. Sherlock Holmes – You could not possibly have come at a better time!” the claims adjuster exclaimed. “This vehicle accident is a typical ‘he said, she said’ situation. Both drivers claim to have had the green light and there … Learn More

Florida’s Subrogation Trap

Subrogation professionals must be aware that Florida’s collateral source statute contains a trap for the unwary. Under F.S.A. § 768.76 (6), if a provider of collateral source benefits (e.g., Med Pay or health insurance benefits) does not respond to the … 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