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Subrogation

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Texas Workers’ Compensation Subrogation Dealt Blow

Newsletter, Workers' CompensationJanuary 15, 2019

On January 11, 2019, the Texas Court of Appeals issued an opinion which will have a profound effect on workers’ compensation subrogation in Texas. In New Hampshire Insurance Company v. Rodriguez, 2019 WL 168482 (Tex. App. 2019), the court announced…

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Subrogation Victory And The Battle Of Marathon

Newsletter, SubrogationJanuary 3, 2019

It seems strange to suggest that one of history’s greatest military battles would have anything in common with modern insurance subrogation. In 490 B.C., the Athenian army defeated the invading Persian army in a battle in the plain of Marathon,…

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Florida Adopts “Frye Standard” For Experts

Newsletter, SubrogationDecember 13, 2018

Florida’s tug-of-war between its courts and its legislature regarding the appropriate standard for a judge to use to assess the admissibility of an expert’s opinion testimony has finally been settled. On October 14, 2018, the Florida Supreme Court announced that…

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Connecticut Supreme Court Loosens Restrictions On Subrogation Against Tenants

Newsletter, PropertyDecember 13, 2018

The Connecticut Supreme Court just made it easier for a landlord’s property insurer to subrogate against a tenant whose negligence causes damage to the landlord’s building. For years, Connecticut had followed the so-called “Sutton Rule” which holds that tenants are…

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Illinois Supreme Court Opens Door To Employee Intervention After Statute of Limitations Runs

Newsletter, Workers' CompensationDecember 12, 2018

The Illinois Supreme Court has somewhat clarified an injured employee’s rights to pursue a third-party case by intervening into a third-party subrogation suit filed by the workers’ compensation carrier, even after the personal injury Statute of Limitations (“SOL”) runs. In…

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New Jersey Court Confirms Workers’ Comp Carrier Can Subrogate Against No-Fault Driver

Newsletter, Workers' CompensationDecember 11, 2018

A recent New Jersey Superior Court Appellate Division decision has ostensibly settled a long-standing subrogation question with regard to whether a worker’s compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey…

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Earthquake Richter Scale

An Earthquake Shouldn’t Shake Your Subrogation Claim

Newsletter, PropertyDecember 6, 2018

On Friday, November 30th, a magnitude 7.0 earthquake struck Alaska, approximately 10 miles northeast of Anchorage. Thankfully, the damage appears to be limited mainly to property loss, and a lot of that can be attributed to Alaska’s stringent building codes…

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New York Court Confirms Strength Of Workers’ Compensation Carrier’s Subrogation Lien

Newsletter, Workers' CompensationNovember 27, 2018

Subrogation professionals are duty-bound to maximize a workers’ compensation subrogation recovery for a workers’ compensation carrier and its insured employer, who is eager to maintain a favorable experience rating. They dream about claims in which they demand 100% of a…

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Subrogating The Northern California Wildfire

Newsletter, PropertyNovember 20, 2018

Fire-ravaged California is no stranger to the devastating loss of life and property at the hands of wildfires. This summer, a series of large wildfires erupted across California, mostly in the northern part of the state, including the destructive Carr…

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SUBROGATION SAVOIR-FAIRE: What You Don’t Know Can Hurt You

Newsletter, SubrogationNovember 16, 2018

Oh, that it wasn’t so, but today’s world of insurance claims adjusting, subrogation, and civil litigation rewards the ability of one party to take advantage of what the other party doesn’t know. A civil trial is known as an “adversary…

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