Delaware

DELAWARE SUPREME COURT REVERSES ITSELF: Allows Workers’ Compensation Subrogation of UIM Benefits

The ability of a workers’ compensation carrier to subrogate against and/or seek reimbursement from a recovery made from a third-party tortfeasor responsible for causing the employee’s work-related injuries is universally recognized across the country as a major tool for holding down workers’ compensation premiums for large and small businesses and employers. Whether or not this…

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Fuel

Subrogating Contaminated Fuel Claims

Most of us don’t give much thought to contaminated gasoline and the tremendous property damage it can cause to vehicle engines and other equipment. But when an insurance company must pay out tens of thousands of dollars as a result of tainted fuel, all thoughts must immediately turn to subrogation. One question which precedes any…

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Evidence

INDIANA EXPANDS THIRD-PARTY TORT OF SPOLIATION Safeco Ins. Co. of Indiana v. Blue Sky Innovation Group, Inc., 211 N.E.3d 564, 568 (Ind. App. 2023)

Understanding spoliation has become an increasingly integral and important aspect of effective subrogation efforts. Without the necessary evidence and investigation required for a subrogated insurance company to meet its burden of proving the origin and cause of a fire or that a product was defective, subrogation will fail. Spoliation has become one of the most…

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Landlord

WHEN LANDLORD’S CARRIER SUBROGATES AGAINST TENANT IN DELAWARE, READ THE LEASE: Donegal Mut. Ins. Co. v. Thangavel, 2023 WL 4605076 (Del. 2023)

Across the country, landlord/property owners’ insurance carriers’ efforts to subrogate against tenants who cause damage to the owners’ property has become a heavily-litigated issue—with mixed results. The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant depends on which state the loss occurs…

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Employer Immunity

STATUTORY EMPLOYER IMMUNITY AND THE TWO-CONTRACT THEORY IN LOUISIANA: Stonetrust Com. Ins. Co. v. TBT Contracting, Inc., 2023 WL 4067496 (La. App. 2023)

In Louisiana, when a company undertakes to execute any work which is a part of its trade, business or occupation, and contracts with any subcontractor for the execution of such work, the company is entitled to the exclusive remedy protection of § 23:1032. The company will be liable to pay workers’ compensation benefits to any such…

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