ALABAMA COURT OF APPEALS EXTENDS LOSS OF USE RECOVERY TO BOTH REPAIRABLE AND UNREPAIRABLE COMMERCIAL VEHICLES: Myers v. Alfa Mut. Ins. Co., 2024 WL 4522424 (Ala. App. Oct. 18, 2024)
MARYLAND SUPREME COURT ASKED TO DECIDE NOVEL WORKERS’ COMPENSATION SUBROGATION ISSUE: Trumbull Ins. Co. v. International Marketing Group, Inc., 2024 WL 4753369 (D. Md. 2024)
TEXAS COURT SAYS EMPLOYER RESPONSIBILITY OFFSET NOT APPLICABLE TO PRETRIAL SETTLEMENTS IN WORKERS’ COMPENSATION THIRD-PARTY LAWSUITS: Old Republic Ins. Co. v. Morris, 2024 WL 4350334 (Tex. App. 2024)
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LANDMARK WORKERS’ COMPENSATION SUBROGATION DECISION IN NEVADA! AmTrust N. Am., Inc. v. Vasquez, 2024 WL 4233423 (Nev. 2024)
SUBROGATING DAMAGE CAUSED BY SWAT AND POLICE ACTION OR BY ORDER OF GOVERNMENTAL AUTHORITY: Baker v. City of McKinney, Texas, 84 F.4th 378 (5th Cir. 2023)
ALABAMA ALLOWS LOSS OF USE DAMAGES FOR TOTALED “COMMERCIAL VEHICLE” FOR FIRST TIME: Myers v. Alfa Mut. Ins. Co., 2024 WL 4522424 (Ala. App. Oct. 18, 2024)
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DELAWARE COURT SAYS IT IS NOT BAD FAITH IF CARRIER CHOOSES NOT TO SUBROGATE Patel v. State Farm, 2024 WL 3425787 (Del. Super. 2024)
PENNSYLVANIA COMP CARRIER RECOVERS FULL LIEN AFTER ADVISING PLAINTIFF’S COUNSEL THAT LIEN WAS MUCH SMALLER: Janelle Newsome, Petitioner v. City of Philadelphia (Workers’ Comp. Appeal Bd.), Respondent, 2024 WL 3406202 (Pa. Commw. 2024).
MISSOURI’S ANTI-SUBROGATION POLICIES HAVE THEIR LIMITS: Megown v. Auto Club Fam. Ins. Co., 2024 WL 675550 (Mo. App. 2024)
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WHICH WORKERS’ COMPENSATION “BENEFITS” CAN BE SUBROGATED? 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.
WHAT IF SUBROGATION WAS AS SIMPLE AS PUSHING A BUTTON?: State Farm Fire & Casualty Company v. Moving & Storage, Inc., 2024 WL 1061574 (N.Y. Sup. Ct., 2024)
THE FUTURE OF AUTO SUBROGATION IS HERE: Pursuing Claims Involving Automated Driving Systems
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“MY INSURED’S BRAKES FAILED!”: The Oldest and Newest Excuse in Denying Auto Liability Claims
TEXAS COURT MAKES IT EASIER FOR WORKERS’ COMPENSATION CARRIER TO SETTLE DIRECTLY WITH THE TORTFEASOR AND AVOID PAYING ATTORNEYS’ FEES TO THE EMPLOYEE: Sentry Casualty Company v. Bravin, 2024 WL 3083299 (Tex. App. 2024)
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