“It’s not the size of the dog in the fight, it’s the size of the fight in the dog.” — Mark Twain One insurance company – State Farm – has referred to dog bites as a “serious public health problem.” In 2018…
4.07[10] Made Whole Doctrine Until recently, the Made Whole Doctrine had not been applied outside the context of a bankruptcy proceeding in Connecticut.[1] However, the Connecticut Supreme Court has given us a clue as to how it will treat this…
A huge segment of America’s service economy involves flexible, temporary, part-time, or freelance jobs—frequently involving professional employer organizations (PEO’s) or employee leasing companies. The “gig economy” is the labor market that relies on temporary and part-time positions filled by independent…
Amy Alexander, et al. v. Nam Duong and Sentinel Insurance Company, Case No. 120,320 (Okla. App. December 2, 2022) Oklahoma’s workers’ compensation laws have endured a long and tortured constitutional tug-of-war between trial lawyers and business advocates/subrogation professionals. In 2011,…
What you don’t know can’t help you. That is certainly the case in Iowa when plaintiff’s attorneys claim no obligation to reimburse a carrier exists based on a general assertion that the insured was not made whole. This objection overlooks…
Davis v. Adeoye, 2022 WL 16570653 (Conn. Super. 2022) For years, trial lawyers have been threatening and filing class action lawsuits in multiple states in an effort to thwart their arch nemesis—subrogation. States such as Montana have gone so far…
Hartford Underwriters Ins. Co. v. Allstate Ins. Co., 2022 WL 17491301 (Va. 2022) When two insurance companies or an insurance company and an employer (self-insured for workers’ compensation) enter into Arbitration Forum’s “Special Arbitration Agreement”, the workers’ compensation carrier may…
Insurance subrogation professionals are routinely faced with minimum limits scenarios which complicate otherwise straightforward subrogation cases. When a third-party liability carrier’s insurance limits are insufficient to pay the claims of multiple claimants, the carrier must begin to assess the hierarchy…
Sheckler v. Auto-Owners Ins. Co., 2022 WL 17245548 (Ill. 2022). The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant varies greatly from state to state and often…
A new 2022 report reveals a massive spike in litigation involving insurance coverage and claims and advises insurance companies to “be prepared by increasing resources both in-house and outside counsel.” The report, entitled “Insurance Litigation Report” was issued Lex Machina,…