Category Archives: Subrogation

Sometimes You Need More Than A Handshake: Documenting Waivers of Workers’ Compensation Subrogation Liens and Credits

Posted by Gary L. Wickert on March 25, 2019

A recent Pennsylvania federal court decision reminds us all that when settling third-party cases that involve workers’ compensation subrogation interests, it is vitally important to understand all of the steps which are necessary to fully document and enforce any settlement … Learn More

Arizona Supreme Court Applies Nebraska Law In Conflict-Of-Law Case

Posted by Gary L. Wickert on March 25, 2019

One year ago, the Arizona Court of Appeals announced that A.R.S. § 23-1023 was not a statute of limitations under Arizona law, with regard to the requirement that an employee must file a third-party action within the first year after … Learn More

Tennessee Denies Recovery Of Nurse Case Management Fees By Workers’ Compensation Carrier

Posted by Gary L. Wickert on March 15, 2019

Another state has been heard from. The growing outcry for direction over whether case management fees can be recovered by a subrogated workers’ compensation carrier has in many respects been as daunting and elusive as the search for the Holy … Learn More

Texas Supreme Court Enforces Waiver Of Subrogation Endorsement And Disallows Reference To Extrinsic Contracts

Posted by Lee R. Wickert on February 28, 2019

On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals in Ins. Co. of the State of Pennsylvania v. Roberts, 506 S.W.3d 498 (Tex. App. 2016), review granted … Learn More

Personal Liability Of Attorney For Failing To Pay Subrogation Lien In Indiana

Posted by Gary L. Wickert on February 21, 2019

In Indiana, a subrogated carrier may be able to sue the attorney on behalf of its insured when the attorney settles a third-party tort claim without reimbursing the subrogated carrier. In Holland v. Indiana Farm Bureau Insurance, 110 N.E.3d 369 … Learn More

Understanding “Surplus Lines” Insurance: Demystifying Specialty, Wholesale, Surplus Lines, and Specialty-Admitted Insurance

Posted by Gary L. Wickert on February 18, 2019

Subrogation professionals are often required to deal with a variety of insurance companies, including those admitted or licensed to transact business in a particular state and those which are not. Understanding the difference can assist the claims handler and subrogation … Learn More

“Matching Regulations” Affecting Homeowners’ Insurance Claims

Posted by Gary L. Wickert on February 8, 2019

It remains one of the most difficult issues to deal within the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and … Learn More

Pennsylvania Supreme Court Destroys Compensation Carrier’s Ability To Initiate Filing Of Third-Party Action

Posted by Gary L. Wickert on February 8, 2019

A long-standing political tug-of-war over whether a workers’ compensation carrier can initiate a third-party subrogation lawsuit and protect its subrogation rights under § 319 has ended with a disappointing Supreme Court decision. On November 21, 2018, the Pennsylvania Supreme Court … Learn More

Minnesota Clarifies Third-Party Allocation Procedure When The Employer Is Negligent

Posted by Gary L. Wickert on February 6, 2019

The Minnesota Court of Appeals has confirmed how a third-party tort recovery is to be apportioned procedurally when the employer is found to be comparatively at fault. The confusing state of affairs in Minnesota has undergone some changes in recent … Learn More

Join MWL For A Live Webinar On Subrogation Magic: Creating Something Out of Nothing – MCS-90 Claims Against Uninsured Operators

Posted on January 28, 2019

Trucking insurers issuing motor carrier policies that contain MCS-90 Endorsements may be overlooking significant subrogation and recovery opportunities. MCS-90 subrogation is an under-utilized means of recovery that can significantly increase an insurance carrier’s bottom line. Understanding the history behind and … Learn More