Category Archives: Subrogation

Join MWL for a Webinar on Introduction to California Workers’ Compensation Subrogation

Katherine A. Sandoval will be presenting a MWL webinar on Introduction to California Workers’ Compensation Subrogation on April 14, 2021 from 11:00 to 12:30 p.m. (CDT). There are very few areas in which the law of each individual state vary … Learn More

Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it … Learn More

Record Cold and Snow in the South Will Lead to Many Subrogation Opportunities

Although I am a native Texan, I grew up in Wisconsin. Therefore, I am no stranger to cold weather or the devastating effects it can have on people and property. When I moved back to Texas two years ago to … Learn More

Subrogating Slip And Fall Cases Involving Snow And Ice

Injury and workers’ compensation cases involving slips and falls on snow and ice during winter in America’s northern states, and southern states this year, continue to be a perplexing subrogation puzzle for insurance claims and subrogation professionals. During the winter … Learn More

New Maryland Law Encourages Drivers To Drive Without Insurance

There is a pandemic afoot that may rival COVID-19 in the amount of destruction it leaves in its wake. Nearly one U.S. driver in eight is speeding around on American roads and highways without any liability insurance. Even though every … Learn More

Join MWL for a Complimentary Webinar on Subrogating Data Breaches, Cyber Attacks, and Other Tech Losses

Ashton Kirsch will be presenting a complimentary one-hour live webinar on Subrogating Data Breaches, Cyber Attacks, and Other Tech Losses on February 10, 2021 at 10:00 – 11:00 a.m. (Central). This webinar will cover the basics of subrogating data breaches, … Learn More

Subrogating Workers’ Compensation Death Benefits In Alabama

Workers’ compensation subrogation in Alabama isn’t as clear as it might otherwise appear—especially when an employee dies. Alabama’s Survival Statute, § 6-5-462, did not change the common law rule that a cause of action in tort does not survive in … Learn More

Delaware Workers’ Compensation Subrogation Rights Do Not Extend to PPD And Commutation Benefits

The Delaware Supreme Court recently affirmed a ruling which constitutes a potentially very dangerous and confusing opinion. Some might read the decision in ACW Corporation v. Maxwell, 2020 WL 678778 (Del. 2020) as a major departure from both the Delaware … Learn More

Virginia Trial Judge’s Order Fuels Rumor That Carrier Has No Lien for Lump-Sum Workers’ Compensation Settlement

An obscure and unpublished circuit court order from Buckingham County, Virginia, is being circulated by trial lawyers across the Old Dominion State for the proposition that a workers’ comp carrier is not entitled to subrogation for or reimbursement of any … Learn More

Florida Hospital Liens

Nothing in life is free. The common saying is especially true for medical services. Most states provide hospitals with unique statutory ways of ensuring that they are reimbursed for the services they provide—especially in the case of patients without health … Learn More