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Subrogation

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  2. Category "Subrogation"

THE BIG COLLISION: When Workers’ Comp and Uninsured Motorists Benefits Collide

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

When an employee is involved in a motor vehicle accident while in the course and scope of his employment and the at-fault tortfeasor is uninsured or underinsured, the question arises as to whether the employee can recover under his employer’s…

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Workers' Compensation Subrogation

WORKERS’ COMPENSATION SUBROGATION: A New Look At Which Payments/Benefits Can Be Recovered

Newsletter, Subrogation, Workers' CompensationJuly 22, 2013

In many respects it is as daunting and elusive as the search for the Holy Grail. All 50 states allow for recovery of workers’ compensation benefits paid to or on behalf of a claimant injured in the course of his…

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Oklahoma State Flag

Oklahoma Waiver Of Subrogation Might Be No Waiver At All

Newsletter, Subrogation, Workers' CompensationJuly 22, 2013

Waiver of subrogation. (wā-vər əv sə-brō-ˈgā-shən) 1. A two sentence clauses in a contract and/or endorsement to a workers’ compensation policy added for little or no additional premium dollars but costing the carrier potentially millions in subrogation recoveries. 2. Something…

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Jeep Cherokee Recall

Jeep Grand Cherokee Subrogation

Newsletter, Product Liability, SubrogationJuly 22, 2013

Recently, the National Highway Traffic Safety Administration (NHTSA) demanded that Chrysler recall 2.7 million 1993-2004 Jeep Grand Cherokees and 2002-2007 Jeep Libertys after a probe into rear-end crashes and fires that caused at least 44 deaths and many more injuries…

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Mississippi State Flag

Intervention Now Mandatory In Mississippi Workers’ Compensation Subrogation

Newsletter, Subrogation, Workers' CompensationJune 27, 2013

The Mississippi Supreme Court recently dropped a bombshell and announced that in order to be reimbursed for its statutory workers’ compensation lien, a workers’ compensation carrier or employer must intervene into the third-party action. Liberty Mutual Ins. Co. v. Shoemake,…

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Health and ERISA Subrogation

Federal Court Decision Questions Right of ERISA Plan To File Subrogation Suit

ERISA and Health Insurance, Newsletter, SubrogationJune 27, 2013

A 2012 Texas Federal Court decision has brought into focus the ability of an ERISA Plan to file a state subrogation tort action. While dealing specifically with a Contribution of Benefits issue, the Federal Court decision in Central States v.…

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Delaware Flag

Delaware Limits Workers’ Comp Subrogation Against UM/UIM Benefits

Newsletter, Subrogation, Workers' CompensationJune 27, 2013

The Delaware Supreme Court proved me right recently. On March 19, 2013, the Court examined sloppy amendments the Delaware Legislature made to § 2363 back in 1993 and formally announced for the first time that a workers’ compensation carrier is…

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Texas Flag and Lady Justice

TEXAS LAW LIMITS HEALTH SUBROGATION: H.B. 1869 Enacts New Chapter 140 In Response To Fortis Benefits

ERISA and Health Insurance, Newsletter, SubrogationMay 23, 2013

We have long known that Democrats, financially-fueled by the trial lawyers’ lobby, are no fans of subrogation. Surprisingly, even Republicans continue to battle the subrogation bogeyman, an indication that subrogation education and lobbying of our legislators should be a priority…

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Texas State Flag

WEST FERTILIZER COMPANY EXPLOSION IN TEXAS: The Importance of NFPA 921 in Fire and Explosion Subrogation

Newsletter, Property, SubrogationMay 23, 2013

On April 17, 2013, a fire of as-of-yet-undetermined origin at the West Fertilizer Company in West, Texas ignited as much as 270 tons of ammonium nitrate being stored at the facility. The resulting blast left a 90-foot-wide crater and caused…

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Business - Sales Tax

SALES AND USE TAXES ON SUBROGATION SERVICES: Navigating The Sales Tax Maze In South Dakota, New Mexico, And Hawaii

Newsletter, Property, SubrogationMay 23, 2013

As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of imposing a tax on professional services, whether as a sales tax (including…

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