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Subrogation

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Texas Flag and Lady Justice

Subrogating Texas Freeze Damage Claims

Newsletter, PropertyNovember 12, 2021

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it…

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Montana Seal

Montana Changes Law To Only Allow Recovery Of Medical Expenses Actually Billed: SB 251 Passes Effective April 30, 2021

Newsletter, SubrogationNovember 11, 2021

A favorite quote of mine from the 2001 Jerry Zucker movie “Rat Race” goes like this: “Good things take time; but great things happen all at once.” Most of the time, laws change at a glacial pace. Where there is…

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Injured Worker

Court Of Appeals Rejects Carrier’s Challenge To Settling Around Workers’ Compensation Lien

Newsletter, Workers' CompensationOctober 18, 2021

Moreci v. Scaffold Solutions, Inc., 2021 WL 4397397 (Calif. App. 2021). A valiant effort by a California workers’ compensation carrier to make it more difficult for an employee to argue employer fault and settle around a workers’ compensation carrier’s statutory…

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Wisconsin State Flag

Wisconsin UM/UIM Carrier Cannot Reduce Payments By Amount of Reimbursed Workers’ Compensation Benefits

Newsletter, Workers' CompensationOctober 14, 2021

Secura Sup. Ins. Co. v. Est. of Huck, 2021 WL 4449249 (Wis. App. 2021). A new Wisconsin Court of Appeals decision has ruled that an uninsured/underinsured (UM/UIM) automobile insurance carrier cannot reduce UM/UIM payments to its insured by the amount…

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Workers Compensation Injury

Which Workers’ Compensation “Benefits” Can Be Subrogated?

Newsletter, Workers' CompensationOctober 7, 2021

Recovery of Case Management Costs, Medical Bill Audit fees, Rehabilitation Benefits, Utilization Review Costs, IME’s, Nurse Case Worker Fees, Attorneys’ Fees, and Other “Allocated” Loss Adjustment Expenses. It’s the question every claims professional and trial attorney claims to know but…

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Fire Loss Expert Inspection

NFPA 921 Standards Have Changed: What Every Claims Adjuster Should Know

Newsletter, PropertySeptember 27, 2021

In 1992, the National Fire Protection Association created a set of investigative guidelines that was published as “NFPA 921: Guide for Fire and Explosive Investigations.” The guide is widely used by both public and private fire investigators. It describes in…

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Hawaii Subrogation Law

Hawaii Workers’ Compensation Subrogation At A Crossroads

Newsletter, Workers' CompensationSeptember 15, 2021

Moranz v. Harbor Mall, LLC, 477 P.3d 179 (Haw. App. 2020), cert. granted, SCWC-17-0000006, 2021 WL 1924134 (Haw. May 13, 2021). We are at the precipice of a potential upheaval in workers’ compensation recovery rights in the Aloha State. The…

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Arizona Flag

Arizona Eliminates Peremptory Challenges

Newsletter, SubrogationSeptember 9, 2021

New Trend Poses Threat In Subrogation Trials. Effective January 1, 2022, Arizona will become the first state to eliminate the use of peremptory challenges in jury selection in both criminal and civil trials—including the trial of subrogation cases. It isn’t news…

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Damage From Falling Trees

Hurricane Ida Special Report – Damage from Falling Trees

Newsletter, PropertyAugust 30, 2021

We have recently seen an uptick in cases where a tree has fallen on to a neighbor’s house, with calamitous results. Hurricane Ida will likely only increase such claims. As the first-party claim by the homeowner is processed, subrogation professionals…

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Texas State Flag

Texas Residential Construction Liability Act 101

Newsletter, PropertyAugust 20, 2021

Picture this. You build your dream home, or you add a new room onto your house. The first time it rains, you end up with a leaky roof, damaged walls, water on your floors, and your belongings require cleaning or…

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