Our subrogation decisions affect more than our own bottom line. Risk managers know that the premiums they will pay three years from now depend on how aggressive and successful we are in subrogating large losses. Whether we value and invest in subrogation is the true test of our desire to optimize the recoveries we make and the lengths we will go to fulfill the service – and in some states the “duty” – we owe to our insureds, for it is often our insured which pays the price for missed subrogation opportunities.
Health insurance subrogation involves more than making demands on negligent tortfeasors. Coordination of Benefits (COB) is a subset of health Plan subrogation. It primarily concerns itself with situations where two different health Plans, or a health Plan and a no-fault auto carrier, cover the same person or loss. With two sources of coverage, the question becomes: Who pays what? The answer lies in the COB clauses contained in the competing insurance Plans.
Carriers and adjusters are all too familiar with the “judgment-proof uninsured at-fault motorist.” Unless your insured happened to be driving in the Tampa area and was t-boned by Tom Brady, the same day his auto coverage lapsed, the question always becomes “is it worth pursuing subrogation?” Initiating subrogation against uninsured and judgment-proof drivers is often nothing more than an exercise in futility. However, it can be a lucrative and rewarding subrogation endeavor if handled appropriately and with the right tools.
Matthiesen, Wickert & Lehrer, S.C. is pleased to welcome Timothy D. Edwards as senior counsel to the firm’s Wisconsin office. Tim is an experienced litigation lawyer who brings with him a wealth of insurance and complex litigation experience to MWL’s subrogation arsenal. Tim is licensed in Wisconsin, Arizona, and Florida, and has extensive experience in State and Federal court litigation and appeals, including the preparation of pleadings, dispositive motions, and complex electronic discovery plans. He has served as lead counsel in complex federal class action lawsuits. We look forward to the vast amount of experience and insight Tim brings to the firm, and eagerly welcome him to our growing family of subrogation professionals here at MWL.