Category Archives: Transportation and Cargo

Transportation and Cargo Subrogation Posts

Trucking Subrogation And The MCS-90 Endorsement

Posted by Ashton T. Kirsch on October 30, 2018

The MCS-90 Endorsement is an endorsement that is found in insurance policies issued to trucking companies operating interstate. This endorsement allows the trucking company to comply with certain government mandated public financial responsibility regulations. Specifically, the federal government mandates that … Learn More

Train Wreck Damages Cap May Impede Subrogation Recovery In Rail Disaster Cases

Posted on January 18, 2018

The Amtrak Cascades 501 departed Seattle on its inaugural voyage on the morning of December 18, 2017. Just after 7:30 a.m., the train derailed at high speed in DuPont, Washington, causing three fatalities, dozens of injuries, and widespread destruction. Government reports … Learn More

SUBROGATION MAGIC: Creating Something Out Of Nothing – Subrogating MCS-90 Endorsements

Posted by Ashton T. Kirsch on September 29, 2016

In 2010, researchers at the University of Michigan hypothesized that it is theoretically possible to conjure particles from a complete vacuum under the right circumstances. Performing such a feat in the world of subrogation might seem improbable, but subrogation theory … Learn More

TWO MEN AND A BUCK: Subrogating the Residential Home Moving Industry

Posted by Ashton T. Kirsch on July 28, 2016

“Move fast and break things. Unless you are breaking stuff, you are not moving fast enough,” Mark Zuckerberg famously said. Good advice, unless you’re a residential moving company. The residential home moving industry is changing rapidly and it’s essential that … Learn More

FOLLOWING THE MONEY: Subrogating MSC-90 Payments Against An Uninsured Operator

Posted by Ashton T. Kirsch on June 28, 2016

Trucking insurers issuing motor carrier policies which contain MCS-90 Endorsements may be overlooking significant subrogation and recovery opportunities. MCS-90 subrogation is a fascinating and under-utilized means of recovery that can significantly increase an insurance carrier’s bottom line. Understanding the history behind … Learn More

IF IT SEEMS TOO GOOD TO BE TRUE: The Problem With Cut-Rate Subrogation Vendors

Posted by Gary L. Wickert on November 24, 2015

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit … Learn More

Sudden Medical Emergencies While Driving

Posted by Gary L. Wickert on September 16, 2015

When Driving Through Somebody’s Living Room Is Not Negligence Every day in America vehicles leave the roadway, travel across well-manicured lawns, smash through garden sheds, patio furniture, swing sets, and plow through the walls of a home, coming to rest … Learn More

Spring 2004

Posted on March 27, 2013
  • 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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