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Auto, Med Pay, PIP

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Subrogation Sanity Partially Restored In Montana

Auto, Med Pay, PIP, Newsletter, Property, SubrogationMarch 3, 2014

Robert Van Orden v. USAA, 2014 MT 45 (Mont. 2014) Montana has long been one of the toughest states to subrogate in because it has a very strict made whole policy. It is the public policy in Montana that an…

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Recovering Loss Of Use Damages In Texas: It’s Time For A Change

Auto, Med Pay, PIP, Newsletter, Property, SubrogationFebruary 20, 2014

Two Texas vehicle owners driving identical vehicles are involved in accidents caused by a negligent tortfeasor. Both contact their insurance company regarding their damaged vehicles. Both must wait for an appraiser to inspect the vehicle and write a report. One…

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Mandatory Arbitration of Illinois Auto Property Subrogation Claims Held Unconstitutional

Auto, Med Pay, PIP, Newsletter, Property, SubrogationJanuary 21, 2014

As most subrogation professionals handling auto subrogation in Illinois know, Illinois Senate Bill signed into law effective January 1, 2012 changed subrogation in that state significantly. For the first time, Illinois mandated that in collision subrogation cases involving amounts less…

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Health Insurance Subrogation and Michigan No-Fault

Auto, Med Pay, PIP, ERISA and Health Insurance, Newsletter, SubrogationDecember 12, 2013

One of the more common misconceptions one hears in the realm of health and accident subrogation is that, when it comes to motor vehicle accidents, “there is no subrogation in Michigan.” No one can deny that the Michigan No-Fault Act…

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When Is A Vehicle Considered Totaled?

Auto, Med Pay, PIP, Newsletter, SubrogationNovember 22, 2013

When and whether a vehicle involved in a collision is considered to be “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories about older, functioning automobiles being “totaled” simply…

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New Jersey Court Of Appeals Imposes New Duty Specific To Persons Who Send Text Messages To Drivers

Auto, Med Pay, PIP, Contribution and Liability, Insurance Coverage, Insurance Defense, NewsletterSeptember 30, 2013

Kubert v. Best and Colonna, Superior Court of New Jersey Appellate Division, Docket No. A-1128-12T4 FACTS Plaintiffs were seriously injured by an 18-year-old driver who was texting while driving and crossed the centerline of the road. The plaintiffs’ clams for…

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THE NEXUS OF THE UNIVERSE: The Fuzzy Interplay Between Florida PIP and Workers’ Comp Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 26, 2013

In one of my favorite Seinfeld episodes[1], a frightened Kramer is lost and calls Jerry from a phone booth somewhere in Manhattan. Jerry asks him to look around for a street sign and Kramer responds with a touch of panic…

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Understanding Comparative Fault, Contributory Negligence, and Joint and Several Liability

Auto, Med Pay, PIP, Contribution and Liability, Newsletter, Property, SubrogationAugust 26, 2013

Effective subrogation requires a thorough understanding of some of the more confusing legal terms we must all work with. Matthiesen, Wickert & Lehrer, S.C. has compiled a list of the various laws in every state dealing with whether the state…

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THE BIG COLLISION: When Workers’ Comp and Uninsured Motorists Benefits Collide

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 26, 2013

When an employee is involved in a motor vehicle accident while in the course and scope of his employment and the at-fault tortfeasor is uninsured or underinsured, the question arises as to whether the employee can recover under his employer’s…

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Minnesota Flag

Minnesota Ruling On UM/UIM Subrogation Proves Timing Is Everything

Auto, Med Pay, PIP, NewsletterApril 1, 2013

A new Minnesota Court of Appeals decision makes clear that timing is everything when it comes to UIM subrogation. The court’s decision in Russell v. Haji-Ali, 826 N.W.2d 216 (Minn. App. 2013) means that a claims professional settling a uninsured/underinsured…

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