On July 23, 2025, the Iowa Court of Appeals gave us a stark reminder that a deceptively intricate statutory framework governs workers’ compensation subrogation in Iowa, and even seasoned litigators can find themselves ensnared by its procedural pitfalls. In Midwest Builders’ Casualty Mutual Co. v. RP Constructors, LLC, 2025 WL 2057804 (Iowa App. 2025), an…
Workplace violence is an increasingly growing problem in the American workplace as well as in American workers’ compensation law. With more than two million incidents of workplace violence reported annually, the legal implications of such violence are being tested against the outer edges of workers’ compensation protections. In many of these incidents, the employer is…
In Illinois, workers’ compensation insurers are granted a statutory right of subrogation under Section 5(b) of the Illinois Workers’ Compensation Act (820 ILCS 305/5(b)). This section allows the carrier to recover amounts paid as compensation from any third-party tortfeasor. Typically, when an injured employee files a third-party lawsuit, the employer or its workers’ compensation carrier…
Utah’s approach to Personal Injury Protection (PIP) subrogation is an anomaly in American insurance law, presenting a uniquely statutory framework that has bred significant confusion among subrogation professionals over the applicable statute of limitations. Unlike other states that rely on equitable or contractual subrogation principles, Utah has enacted a rigid statutory mechanism for PIP reimbursement…
As a historic and deadly wave of severe weather events continues to batter the U.S. Midwest, the insurance and reinsurance industries are bracing for more than $5 billion in losses, making this one of the most significant natural disaster events of 2025. Tornadoes, torrential rains, flooding, and destructive winds have brought widespread destruction to communities…
In the classic Peter Sellers comedy, “The Pink Panther Strikes Again,” one hilarious scene involves Inspector Clouseau checking into a hotel. He sees a small dog lying on the ground. “Does your dog bite?,” Clouseau asks the man at the desk. The man says no, so Clouseau stoops to pet the dog, who immediately and…
On May 31, 2025, Nevada Governor Joe Lombardo signed into law Senate Bill 258 (SB 258), a bipartisan effort that marks a pivotal turning point in the evolution of workers’ compensation subrogation rights in the Silver State. It also presents a unique approach among all 50 states to resolving the tensions that exist between plaintiff’s…
A recent appellate decision out of Louisiana provides important clarity—and welcome reassurance—for workers’ compensation insurers and employers seeking to pursue and recover benefits from third-party tortfeasors independently. In Madden Gulf Coast LLC v. Hilark Industries, Inc., 2023 WL 8420961 (La. App. 2023), the court confirmed that an employer or its insurer can independently pursue a…
Subrogation professionals handling automobile collision claims in New York face unique challenges when the tortfeasor is operating a municipal vehicle. While municipal immunity doctrines already complicate recovery, a lesser-known but highly influential statute—New York Vehicle and Traffic Law (VTL) § 1103(b)—can upend a seemingly straightforward subrogation file. This provision limits liability for vehicles engaged in…
In the realm of insurance subrogation, understanding the interplay between arbitration proceedings and statutes of limitations is crucial. A common query arises: Does initiating arbitration toll the statute of limitations? This question becomes particularly pertinent when a subrogated carrier files for arbitration, but the arbitration is dismissed for jurisdictional reasons—such as lack of coverage on…