Why Interventions Matter: The Da Nolt Case And The Growing Problem Of Courts Denying Subrogated Carriers A Seat At The Table

Newsletter, Subrogation

There is a growing and troubling trend in courts across the country: denying subrogated insurance carriers the right to intervene in pending litigation on the theory that the insured’s attorney already “adequately represents” the insurer’s interests. While this assumption may appear superficially convenient, it rarely holds true in practice. Subrogation is complex. Its objectives differ…

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When Cheaper Feels Better—But Isn’t: The Psychology Behind Subrogation’s Costliest Mistake

Newsletter, Subrogation, Uncategorized

Litigation is rarely cheap, but often necessary in the context of disputed insurance claims. Those who resist paying subrogation claims know that many insurers hesitate to file suit, hoping to “save money” on litigation costs. As a result, those same insurers frequently receive only partial recoveries, even on the strongest liability cases. Over the past…

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Immunity Under Construction: The Ongoing War Over Pennsylvania’s Statutory Employer Doctrine: Yoder v. McCarthy Construction, Inc., 2025 WL 2981889 (Pa. 2025)

Newsletter, Subrogation, Workers' Compensation

Pennsylvania’s Statutory Employer Doctrine and the Yoder Decision Pennsylvania’s Statutory Employer Doctrine, a cornerstone of the Pennsylvania Workers’ Compensation Act (“WCA”), is once again at the center of a fierce legal and political battle—this time following the Supreme Court of Pennsylvania’s October 23, 2025, decision in Yoder v. McCarthy Construction, Inc.. The Statutory Employer Doctrine…

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Subrogation Waiver Prevents Insured From Recovering Deductible: Court Enforces Waiver of Subrogation Despite No Insurance Payout

Newsletter, Subrogation

Contracts in construction almost always carry boilerplate waivers of subrogation. They whisper in fine print that parties surrender rights to recover from one another—even when the party seeking recovery never saw a penny from insurance. Why do we sign these waivers? Few can explain. As one columnist put it, “companies who insist on waivers of…

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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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When A Pallet Becomes A Package: Lessons from Federal Insurance Co. v. MSC Mediterranean Shipping

Newsletter, Subrogation, Transportation and Cargo

In May of 2025, the United States District Court for the Southern District of New York issued a decision in Federal Insurance Co. v. MSC Mediterranean Shipping Co. S.A., that highlights the continuing significance of liability limitations in cargo cases and underscores why subrogation professionals must scrutinize every bill of lading.[1] Chatham Imports, Inc. purchased…

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Throwing Subrogation Under The Bus: The Hidden Tax of California’s Senate Bill 487

Newsletter, Subrogation

On October 13, 2025, California Governor Gavin Newsom signed Senate Bill 487 into law, and it takes effect January 1, 2026. The new law makes sweeping changes to California’s workers’ compensation subrogation framework in cases involving peace officers and firefighters. SB 487 limits an employer’s or insurer’s right to reimbursement, lien recovery, and subrogation to…

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