Gavel on Florida Flag

Florida Supreme Court Decision Gives Clue As To Ability Of Workers’ Comp Carrier To Subrogate In Legal Malpractice Cases

A new ruling from the Florida Supreme Court may shed some light into ability of a workers’ compensation carrier to seek reimbursement from an employee’s legal malpractice claim against his or her personal injury attorney. In a case that had been pending for almost two years, the Florida Supreme Court has ruled that a professional…

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Arbitration Litigation

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 Respondent. The type of liability coverage afforded by the Respondent is irrelevant. For example, when…

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The Unresolved Pitfalls of Employer Negligence in a California Workers’ Comp Subrogation Case

Understanding the nuances of the somewhat complicated and confusing subrogation law in California is instrumental in formulating the right decision when it comes to protecting your workers’ compensation subrogation interests. California workers’ compensation subrogation requires both an in-depth knowledge of the law and the ability to play poker. California is perhaps the most confusing state…

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Duplex

Duplex: Subrogating Landlord Tenant Property Losses

In the 2003 Miramax comedy Duplex, Ben Stiller and Drew Barrymore are Brooklyn landlords to a pesky, rent‑controlled tenant named Mrs. Connelly, played by Eileen Essell. Efforts to get rid of Connelly fail and the tenant’s careless actions cause a fire which nearly destroys the entire building. The fact that Ben Stiller’s insurance company had…

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Work Injury Sign

The Rise And Fall Of Workers’ Compensation Premiums

Employers Fight Losing Battle Against Tortfeasors Who Cause Premium Increases Workers’ compensation insurance premiums seem to know only one direction – up. On average, premiums rise approximately 5% annually; more, if an insured has experienced significant losses. For many corporate risk managers and claims professionals, the concepts of underwriting and experience ratings remain a clouded…

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Totaled Vehicle

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 vehicles under state law. Everybody knows what it means to “total” a vehicle. But very…

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Recording Conversations

This Call May Be Monitored or Recorded For Quality Assurance and Training Purposes: The Risks of Recording Business Calls

You might ask what Vice-President Kamala Harris was best known for prior to becoming the first female vice-president in U.S. history. One piece of notoriety was, as Attorney General of the State of California, she oversaw the prosecution of Wells Fargo & Company, the American multinational bank and financial services company for violation of §§…

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Health Insurance

THE BUCK STOPS THERE: Health Plan Lien Reimbursement From Workers’ Compensation Claims

Health insurance subrogation involves much more than simply making demands on negligent tortfeasors. Coordination of Benefits (COB) is a subset of health Plan subrogation. It primarily concerns itself with situations where two different health Plans, or a health Plan and a no-fault automobile carrier, cover the same person or loss. Obviously, with two sources of…

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