When a hot water pipe ruptured in a luxury multi-unit development in New Jersey, it soaked more than drywall and hardwood—subrogation was on everybody’s mind. But things didn’t go according to plan. In 1410 Grand Adams, LLC v. Trematore Construction, LLC, 2025 WL 1742859 (N.J. Super. 2025), a case decided by the New Jersey Appellate…
Overview In a decision that underscores the destructive power of the Economic Loss Doctrine in New Jersey, the Appellate Division recently dismissed a property insurer’s subrogation action arising from a construction defect. The case, 1410 Grand Adams, LLC v. Trematore Construction, LLC, 2025 WL 1742859 (N.J. App. Div. 2025), reaffirmed that when losses are purely…
Workers’ compensation laws were born from a grand bargain between employers and employees—a trade-off designed to ensure swift, no-fault benefits for injured workers while protecting employers from unpredictable litigation. In exchange for giving up their right to sue, employees gained access to guaranteed medical care and wage replacement. Employers, in turn, assumed the financial burden…
MWL’s subrogation expertise is not limited to effectively subrogating all lines of insurance for its clients. Recently, our expertise and authority in workers’ compensation subrogation resulted in several Nebraska legislators and a lobbying concern to reach out to MWL and rewrite Nebraska’s workers’ compensation subrogation statutes. Judicial Decisions that Disrupted Nebraska’s Subrogation Balance In recent…
On March 4, 1791, Vermont joined the Union as the fourteenth state. It has long prided itself on independence, deliberate policymaking, and a certain laconic New England sensibility. But in the world of workers’ compensation subrogation—where uncertainty can mean millions in lost recovery—Vermont’s traditional caution has left subrogation professionals often waiting decades for answers. One…
It is a tenet of modern workers’ compensation practice that expediency and efficiency in returning an injured employee to work benefits everyone involved. Nowhere is this goal met more directly and effectively than in the securing and utilization of nurse case management services. These professionals coordinate and monitor the medical treatment of injured workers, ensuring…
The Arkansas subrogation landscape is notoriously hostile toward insurance carriers, particularly in the workers’ compensation context. Anchored in a sweeping application of the “Made Whole Doctrine,” Arkansas courts have historically treated subrogated carriers as afterthoughts in the allocation of third-party recovery. However, a recent federal court decision—French v. Amazon.com, Inc.—delivers a long-awaited dose of clarity…
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…