Texas Flag and Lady Justice

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

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 in our industry. The most recent example is in Texas, where Republican legislators sponsored, and…

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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

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 lifting an exemption in many states’ sales tax code for professional services), use tax, excise…

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Product Liability Law

PRODUCTS LIABILITY TEST CHANGED IN WISCONSIN: Wisconsin Follows Trend Towards Adopting Restatement (Third) Of Torts

A rapidly changing area of insurance defense involves products causing injury or damage to people and property. Many states are moving towards adopting the standards set by the Restatement (Third) of Torts, and Wisconsin is no different. On February 1, 2011, the Wisconsin Omnibus Tort Reform Act went into effect, severely affecting and changing products…

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Health Benefits Claim Form

A Victory For FEHBA Subrogation

Court Recognizes Importance of Subrogation In Reducing Premiums: Calingo v. Meridian Resource Co., LLC, 2013 WL 1250448 (S.D.N.Y. 2013). 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. These health Plans…

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Spring 2004

  • Battling the Common Fund Monster
  • Common Sense Prevails As Exclusivity Rule Is Limited By Alabama Supreme Court – Weaver v. Kimberly Clark Corp. , 2003 WL 2185720 (Ala. 2003).
  • Subrogating Against God?
  • Subrogating on the Waterfront: Longshore and Harbor Workers’ Comp Subrogation (Part 1 of 2)
  • Submit Your Subrogation Questions Via Internet
  • Texas Issues Ethics Ruling on Attorneys’ Fees
  • Chart on Contributory Negligence/Comparative Fault for All 50 States Available on MWL Website
  • Seminars Available
  • Future Newsletters to Be Sent in Electronic Form
  • Considering Joining the National Association of Subrogation Professionals (NASP)
  • New ERISA/Health Plan Subrogation Book Due in August
  • 2004 Updates to Workers’ Compensation Subrogation In All 50 States Complete
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