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Auto, Med Pay, PIP

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“No Pay, No Play” May Limit Force-Placed Carriers’ Ability to Subrogate In Louisiana

Auto, Med Pay, PIP, Newsletter, Property, SubrogationJanuary 29, 2015

“Force-placed insurance” is an insurance policy placed by a lender or bank on a home or vehicle when the property owners’ own insurance is cancelled, has lapsed or is deemed insufficient. This insurance insures the lender and allows the lender…

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Squeezing Blood From The Uninsured Turnip: Suspension of Driver’s Licenses

Auto, Med Pay, PIP, Newsletter, SubrogationJanuary 21, 2015

Subrogating against uninsured drivers is one of the less glamorous aspects of automobile insurance subrogation. It is the pariah of our industry and could easily be featured on the Discovery Channel series, Dirty Jobs. Initiating subrogation against uninsured and judgment-proof…

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Funeral Processions And The Right-Of-Way

Auto, Med Pay, PIP, Newsletter, SubrogationOctober 28, 2014

On June 16, 2014, a Virginia man was pulled over by the police for running a red light while driving in a funeral procession. As a result, R.G. Spinner missed his great-grandmother’s burial. The Alexandria police officer pulled behind Spinner…

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Use Of Red-Light Cameras In Accident Litigation

Auto, Med Pay, PIP, Newsletter, SubrogationOctober 27, 2014

Intersection accidents represent a disproportionate share of vehicle crashes and, therefore, a disproportionate share of litigated cases. Credible witnesses are the key to winning cases, but credible witnesses are rare, can be cross-examined, and are often reluctant to cooperate. The…

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Illinois Legislature Outsmarts Illinois Court of Appeals

Auto, Med Pay, PIP, Newsletter, SubrogationSeptember 18, 2014

Governor signs amendment to § 143.24d making arbitration of small auto property claims mandatory but not binding.   In 2013, Illinois enacted a new statute requiring the mandatory arbitration of collision subrogation claims involving less than $2,500. 215 I.L.C.S. §…

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7,540 Reasons To Include Your Insured’s Deductible In Your Subrogation Claim

Auto, Med Pay, PIP, Newsletter, SubrogationSeptember 18, 2014

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make…

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Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 27, 2014

A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when it announced that a workers’ compensation carrier has no subrogation/reimbursement rights on the medical…

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Illinois Applies Common Fund Doctrine To Med Pay Set-Off

Auto, Med Pay, PIP, Newsletter, SubrogationMay 27, 2014

In one of last year’s most questionable court decisions, a sharply-divided Illinois Court of Appeals has held that the Common Fund Doctrine applies to Med Pay set-offs. In Scheppler v. Pyle, 2013 IL App. (3d) 110380-U (Ill. App. 2013), Peggy…

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PIP Subrogation/Reimbursement From Workers’ Comp Carrier In Pennsylvania

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationMay 27, 2014

Personal Injury Protection (PIP) coverage is mandatory in Pennsylvania. Due to Pennsylvania being an optional or “choice” no-fault state, insureds must choose between “full tort” and “limited tort” options, and PIP coverage must be provided. Pennsylvania, New Jersey, and Kentucky…

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Hawaii PIP Subrogation Resurrected

Auto, Med Pay, PIP, Newsletter, SubrogationMarch 25, 2014

Minnesota and Hawaii don’t have a lot in common. However, the Minnesota Court of Appeals – of all places – recently laid down some rather novel and earth-shattering law with regard to PIP subrogation in Hawaii. In American Family Mutual…

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