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Subrogation

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PIP Subrogation/Reimbursement From Workers’ Comp Carrier In Pennsylvania

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationMay 27, 2014

Personal Injury Protection (PIP) coverage is mandatory in Pennsylvania. Due to Pennsylvania being an optional or “choice” no-fault state, insureds must choose between “full tort” and “limited tort” options, and PIP coverage must be provided. Pennsylvania, New Jersey, and Kentucky…

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You Break It, You Buy It: Understanding Anti-Indemnity Statutes

Construction Defect, Contribution and Liability, Newsletter, Property, SubrogationApril 16, 2014

The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences. As adults engaging in commerce, we…

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Understanding Pennsylvania’s Statutory Employer Defense

Construction Defect, Newsletter, Property, Subrogation, Workers' CompensationApril 15, 2014

Abraham Lincoln once said, “The best way to get a bad law repealed is to enforce it strictly.” When and whether an injured employee can sue an owner or subcontractor for a work-related injury in Pennsylvania has been a matter…

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Missouri Supreme Court Declares Anti-Subrogation Law Not Preempted by FEHBA

ERISA and Health Insurance, Newsletter, SubrogationApril 15, 2014

The U.S. government sponsors more than 350 different health Plans covering more than nine million federal employees, retirees, and beneficiaries through the Federal Employees Health Benefit Act of 1959 (FEHBA). 5 U.S.C. §§ 8901-8914. Like it’s counterpart in the private…

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The Need For New Approaches To Subrogating Asian Manufacturer Claims

Newsletter, Product Liability, Property, SubrogationMarch 27, 2014

The long-standing and dysfunctional approach to subrogating against foreign manufacturers has become the primary reason why pursuing Chinese manufacturers is difficult and expensive. Many insurers, corporations, and law firms continue to implement tired and ineffective tools in pursuit of these…

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DePuy Takes On Subrogation Liens In ASR Hip Mass Tort Settlement: Deadline Approaching

ERISA and Health Insurance, Newsletter, Product Liability, SubrogationMarch 26, 2014

On August 26, 2010, DePuy Orthopaedics, Inc. (DePuy), a division of Johnson & Johnson, issued a voluntary recall of the DePuy ASR™ XL Acetabular System and ASR Hip Resurfacing Device – a total hip replacement system. It involves not only…

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Hawaii PIP Subrogation Resurrected

Auto, Med Pay, PIP, Newsletter, SubrogationMarch 25, 2014

Minnesota and Hawaii don’t have a lot in common. However, the Minnesota Court of Appeals – of all places – recently laid down some rather novel and earth-shattering law with regard to PIP subrogation in Hawaii. In American Family Mutual…

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Subrogation Sanity Partially Restored In Montana

Auto, Med Pay, PIP, Newsletter, Property, SubrogationMarch 3, 2014

Robert Van Orden v. USAA, 2014 MT 45 (Mont. 2014) Montana has long been one of the toughest states to subrogate in because it has a very strict made whole policy. It is the public policy in Montana that an…

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Recovering Loss Of Use Damages In Texas: It’s Time For A Change

Auto, Med Pay, PIP, Newsletter, Property, SubrogationFebruary 20, 2014

Two Texas vehicle owners driving identical vehicles are involved in accidents caused by a negligent tortfeasor. Both contact their insurance company regarding their damaged vehicles. Both must wait for an appraiser to inspect the vehicle and write a report. One…

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Confusion Surrounds Arizona Court of Appeals’ Opinion on Workers’ Compensation Statute Amendment

Newsletter, Subrogation, Workers' CompensationFebruary 20, 2014

Third-Party Cause Of Action No Longer Automatically Assigned To Employee After One Year In a mysterious legal sleight of hand that would make David Copperfield envious, the Arizona Court of Appeals has reinvented the English language by making it possible…

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