Category Archives: Auto, Med Pay, PIP

Auto, Med Pay, PIP Subrogation Posts

Seeking PIP Reimbursement From Health Insurers in New Jersey

New Jersey is a confusing state when it comes to automobile insurance and PIP benefits. Every owner or registered owner of an automobile registered or principally garaged in New Jersey must have automobile liability insurance coverage insuring against loss resulting … Learn More

Massachusetts’ High Court Declares Third-Party Inherent Diminution In Value Auto Damages Are Now Recoverable

When an automobile is damaged in an accident and then repaired, the resale value may be less than a comparable automobile that has not been damaged. In other words, the damage results in a reduction or “diminution” in the resale … Learn More

Montana Supreme Court Suggests That Insurer May Have Pre-Suit Duty To Reveal Liability Policy Limits

Wilkie v. Hartford Underwriters Ins. Co., 494 P.3d 892 (Mont. 2021). A brand-new Montana Supreme Court decision has sounded off—sort of—in the nationwide debate over whether a liability insurer has a duty to provide liability policy limits to a third-party claimant … Learn More

Subrogating Automated Driving Systems And Autonomous Vehicle Failures

Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting. All this … Learn More

Washington Court Of Appeals Further Imperils Automobile Subrogation

The Washington Court of Appeals decision in Kosovan v. Omni Insurance Company, 2021 WL 4530640 (Wash. App. 2021), holds that a bad faith claim and a claim for violation of the Consumer Protection Act are both warranted when the PIP … Learn More

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