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Subrogation

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  2. Category "Subrogation"

Pennsylvania’s Workers’ Compensation Third-Party Dispute

Newsletter, Subrogation, Workers' CompensationOctober 21, 2013

If you think the recent Congressional civil war over cutting entitlements and spending, raising the debt ceiling (again), and funding Obamacare was a melee, welcome to the ongoing dispute in Pennsylvania over whether a workers’ compensation carrier can initiate the…

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Florida Supreme Court Limits Economic Loss Doctrine To Product Liability Cases

Newsletter, Product Liability, Property, SubrogationOctober 21, 2013

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases…

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Missouri Occupational Disease Claims Once Again Compensable

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationOctober 21, 2013

Subrogation of Occupational Disease Claims Eliminated “Just when I thought I was out, they pull me back in.” – Al Pacino, Godfather III. In 2005, Missouri amended its statutes and divorced the compensability of occupational disease claims from its statutory…

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New Jersey Court Of Appeals Imposes New Duty Specific To Persons Who Send Text Messages To Drivers

Auto, Med Pay, PIP, Contribution and Liability, Insurance Coverage, Insurance Defense, NewsletterSeptember 30, 2013

Kubert v. Best and Colonna, Superior Court of New Jersey Appellate Division, Docket No. A-1128-12T4 FACTS Plaintiffs were seriously injured by an 18-year-old driver who was texting while driving and crossed the centerline of the road. The plaintiffs’ clams for…

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Do Liability Waivers Really Work?

Contribution and Liability, Insurance Coverage, Insurance Defense, NewsletterSeptember 30, 2013

Gym owners, dance studios, night clubs, martial arts clubs, and other businesses often require their customers to sign liability waivers before they are allowed to engage in potentially dangerous physical activities. However, do these liability waivers really protect business owners…

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New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Contribution and Liability, Newsletter, Property, SubrogationSeptember 18, 2013

Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can…

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Connecticut Adopts Made Whole Doctrine

Newsletter, Property, SubrogationSeptember 18, 2013

Until July 30, 2013, Connecticut was still one of the few states which hadn’t officially adopted the equitable Made Whole Doctrine in a subrogation setting. However, the new Supreme Court decision in Fireman’s Fund Ins. Co. v. TD Banknorth Ins.…

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North Dakota Continues To Avoid Common Fund Doctrine

ERISA and Health Insurance, Newsletter, SubrogationSeptember 18, 2013

The Common Fund Doctrine is an exception to the “American Rule,” which obligates each party in a lawsuit to pay its own attorneys’ fees. This Doctrine is applicable in situations where one party’s success in litigation creates a “common fund”…

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THE NEXUS OF THE UNIVERSE: The Fuzzy Interplay Between Florida PIP and Workers’ Comp Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 26, 2013

In one of my favorite Seinfeld episodes[1], a frightened Kramer is lost and calls Jerry from a phone booth somewhere in Manhattan. Jerry asks him to look around for a street sign and Kramer responds with a touch of panic…

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Understanding Comparative Fault, Contributory Negligence, and Joint and Several Liability

Auto, Med Pay, PIP, Contribution and Liability, Newsletter, Property, SubrogationAugust 26, 2013

Effective subrogation requires a thorough understanding of some of the more confusing legal terms we must all work with. Matthiesen, Wickert & Lehrer, S.C. has compiled a list of the various laws in every state dealing with whether the state…

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