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 policy limits third-party recovery, not because they wish the employee ill-will, but because they have…
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 Fire and the Mendocino Complex Fire. On August 4, 2018, a national disaster was declared.…
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 proceeding” because it pits two or more opponents against one another with regard to a…
The MCS-90 Endorsement is an endorsement that is found in insurance policies issued to trucking companies operating interstate. This endorsement allows the trucking company to comply with certain government mandated public financial responsibility regulations. Specifically, the federal government mandates that trucking companies operating interstate comply with their financial responsibility obligations by having an insurance policy…
Iowa seems like a very simple state for workers’ compensation subrogation. Subrogation rights are set forth in a single statute – I.C.A. § 85.22. It provides that either the employee or employer can file a third-party action. When the third-party case is resolved, the carrier is entitled to first-money reimbursement and a future credit, less…
Every year approximately 76,000 pedestrians suffer injuries when they are struck by a moving vehicle. Beginning in 2016, America experienced a significant increase in the number of pedestrian fatalities, and in 2017 alone, there were nearly 6,000 pedestrian deaths in the U.S. Five states alone account for 43% of all pedestrian deaths—California, Florida, Texas, New…
Hector Salitrero, managing partner of Matthiesen, Wickert & Lehrer, S.C.’s California office, will present a NASP webinar on Overcoming Obstacles to Workers’ Compensation Recovery on October 9, 2018 at 1 p.m. (EST). This webinar will help you understand, and hopefully avoid, some of the more common challenging issues in the workers’ compensation arena. Hector will share and demonstrate…
Everyone in Michigan is financially frustrated with the high price of automobile insurance. Recently, Detroit Mayor, Mike Duggan, along with eight other motorists filed a suit in U.S. District Court in an effort to expedite the elimination of Michigan’s no-fault system. The litigation comes as insurance premiums continue to rise, and after two bills were…
One day last month our firm received three separate, unrelated subrogation claim files involving serious personal injury, property damage, and a death resulting from tractor-trailers whose drivers had swerved to avoid colliding with a deer on the highway. In two of the losses, the 18-wheelers overturned and were shortly thereafter struck by other vehicles, resulting…
The necessity of utilizing expert witnesses in claims adjusting, recovery investigation, and subrogation litigation has risen exponentially over the last 20 years. When an expert is necessary, where experts can be located and selected, and how they can be cost-effectively utilized so as to maximize subrogation recoveries remains a complex and expensive question for most…