We are all aware that Missouri’s prohibition against assignment of a cause of action for personal injuries has complicated subrogation in that state. Subrogation in personal injury cases is considered to be against public policy because it amounts to an…
The insurance industry is filled with myths and urban legends that just won’t seem to go away. Red vehicles have higher insurance rates; You are more likely to have an accident close to home; It’s illegal to drive barefoot; Getting…
Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is…
Pulitzer prize winning historian David McCullough once said that “Writing is thinking. To write well is to think clearly. That’s why it is so hard.” When claims adjusters, subrogation professionals, and/or subrogation lawyers document a settlement or stipulation with an…
When it comes to personal transactions, the modern-day consumer would be hard pressed to remember the last time they wrote a check. In fact, for many of us, our checkbooks are likely collecting dust in some deep corner of a…
The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.”…
One of the most difficult and confusing issues to deal with in the world of homeowner’s insurance property claims is the obligation to repair or replace an insured’s damage property with “material of like kind and quality” or with “similar…
The ability of a workers’ compensation carrier to subrogate against and/or seek reimbursement from a recovery made from a third-party tortfeasor responsible for causing the employee’s work-related injuries is universally recognized across the country as a major tool for holding…
Most of us don’t give much thought to contaminated gasoline and the tremendous property damage it can cause to vehicle engines and other equipment. But when an insurance company must pay out tens of thousands of dollars as a result…
Understanding spoliation has become an increasingly integral and important aspect of effective subrogation efforts. Without the necessary evidence and investigation required for a subrogated insurance company to meet its burden of proving the origin and cause of a fire or…