Michigan Court Creates New Pip Subrogation Opportunity: Call v. L & KJ Enterprises, LLC, ___ N.W.3d ___ (Mich. App. 2026) (Docket No. 366229)

Auto, Med Pay, PIP, Newsletter, Subrogation, Uncategorized

For decades, Michigan no-fault carriers operated under a rigid, confusing, and often frustrating limitation: recovery of Personal Injury Protection (PIP) benefits was largely confined to the narrow statutory framework of M.C.L.A. § 500.3116. That statute carefully circumscribes when a carrier may obtain reimbursement of a lien against its insured’s tort recovery, and Michigan courts historically…

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The Hidden Cost Of America’s Uninsured And Underinsured Motorist Pandemic

Auto, Med Pay, PIP, Insurance Coverage, Newsletter, Subrogation

America is facing a rapidly worsening uninsured and underinsured motorist crisis, one that is exacting a heavy emotional, human, and financial toll on law-abiding drivers and the insurance system that serves them. Current estimates place the number of uninsured drivers at more than 30 million nationwide, meaning roughly one out of every ten vehicles on…

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New Jersey Decision Puts Another Nail In The Coffin Of Med Pay Subrogation

Auto, Med Pay, PIP, Newsletter, Subrogation, Uncategorized

Progressive Garden State Insurance Company v. Allstate NJ Insurance Company, 2025 WL 2327776 (N.J. Super. August 13, 2025) The Longstanding Debate Over Med Pay Subrogation in New Jersey For years, New Jersey attorneys, insurers, and claims professionals have debated whether Medical Payments (“Med Pay”) benefits in auto insurance policies can be subrogated against third-party tortfeasors.…

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Wisconsin Court Upholds Minnesota PIP Subrogation Rights Despite Policy Waiver – Jaster v. Selective Insurance (2025)

Auto, Med Pay, PIP, Newsletter

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…

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ALABAMA COURT OF APPEALS EXTENDS LOSS OF USE RECOVERY TO BOTH REPAIRABLE AND UNREPAIRABLE COMMERCIAL VEHICLES Myers v. Alfa Mut. Ins. Co., 2024 WL 4522424 (Ala. App. Oct. 18, 2024)

Auto, Med Pay, PIP, Newsletter, Subrogation

Little by little, Alabama is letting out the line when it comes to who can recovery loss of use damages after an automobile has been in an accident. In addition to the other damages recoverable, loss of use (reasonable value of use or rental of a car while the owner is deprived of use of…

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ALABAMA ALLOWS LOSS OF USE DAMAGES FOR TOTALED “COMMERCIAL VEHICLE” FOR FIRST TIME: Myers v. Alfa Mut. Ins. Co., 2024 WL 4522424 (Ala. App. Oct. 18, 2024)

Auto, Med Pay, PIP, Newsletter, Subrogation

Every day we see evidence of the continuing evolution of subrogation law across our country. In many respects, we are still pioneers in this industry, as subrogation wasn’t pursued, respected, or sought after for many years, leaving many areas in our industry undecided by the courts and simply unknown. A good example of this is…

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THE FUTURE OF AUTO SUBROGATION IS HERE: Pursuing Claims Involving Automated Driving Systems

Auto, Med Pay, PIP, Newsletter, Subrogation

We are still years away from full implementation of true self-driving cars in the U.S., but each step we take dramatically complicates and changes the face of auto claims handling, vehicle repairs, and subrogation litigation. When catastrophic claims are paid as a result of a traffic accident resulting from a failure of an automated driving…

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