Turner v. Pleasant Acres LLC, 2022 WL 815834 (Kan. App. 2022). On the same day as the Alabama Court of Appeals issued its ruling in O’Brien v. Mobile Public Library, attempting to curtail the rights of a workers’ compensation carrier…
Ignores Supreme Court Decision Hinting Otherwise O’Brien v. Mobile Pub. Lib., 2022 WL 829245 (Ala. App. 2022). Workers’ compensation subrogation remains an intense struggle between the powers of good and evil; with insurance carriers attempting to preserve their rights to…
Subrogation Shortcuts Lead To Drastically Smaller Recoveries. Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath…
Loftus v. Katrina Decker: Appeal of Eastern Alliance Ins. Group, 2022 WL 711142 (Pa. Super. 2022) A March 10, 2022, Pennsylvania Superior Court appellate decision underscores why the cost of workers’ compensation insurance for small businesses is the highest in…
Moranz v. Harbor Mall, LLC, 502 P.3d 488 (Haw. 2022) Workers’ compensation carriers doing business in Hawai’i held their collective breathe for 2021 waiting on the Supreme Court to decide whether it would incorporate the common law Made Whole Doctrine…
Ten Questions You Should Ask Your Subrogation Firms and Vendors What do you really know about the strengths and weaknesses of the cybersecurity measures taken by the subrogation counsel and recovery vendors you engage to assist with subrogation recoveries? In…
Thomas Fuller once said, “All doors open to courtesy.” It appears that this may now include the courthouse door. Heavy traffic is moving along smoothly in all lanes of a four-lane boulevard when suddenly a vehicle in the right lane…
Insurance companies, third-party adjusting companies, and subrogation vendors are increasingly undertaking subrogation investigation at an early stage of a claim’s life. Understanding that early recognition and action on third-party recovery potential is often won or lost in the first few…
At 10:30 a.m. on the morning of Thursday, December 30, 2021, two separate wildfires broke out in Boulder County, Colorado near the towns of Superior and Lafayette. One of them—known as the Middle Fork Fire—was contained later that day and…
New Jersey is a confusing state when it comes to automobile insurance and PIP benefits. Every owner or registered owner of an automobile registered or principally garaged in New Jersey must have automobile liability insurance coverage insuring against loss resulting…