April 2016 Subrogation Newsletter
James Bond is not the only one with a License to Kill. Professional sports teams sell season ticket packages, often in the form of a seat license to a specific seat in the franchise stadium for every regular season game played in the stadium. The license/ticket contains certain conditions and specific disclaimers in fine print on the back of the ticket, including an acknowledgment that the ticket owner assumes all risk and danger incidental to the sport they are watching. Baseball fans injured by line drive foul balls, overthrown balls, and flying bats are finding that this fine print is giving the teams and Major League Baseball immunity from injuries that could be avoided.
Subrogation against a negligent tenant by a landlord’s property insurer is a major source of recovery income for many insurers. Unfortunately, as is all too often the case, the law in many states has been developed in such a way to make recovery opportunities very difficult, if not impossible, to pursue. 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 in and the nature and language of the lease involved.
It is said that compromise is the best and cheapest lawyer. Workers’ compensation claim’s handlers depend on compromise in their handling of disputed compensation claims. Recently, however, we have seen a growing number of our clients settling workers’ compensation claims without taking proper precautions to protect valuable subrogation rights. They often assume that money paid pursuant to a lump sum workers’ compensation compromise settlement will be recoverable under A.R.S. § 23-1023, Arizona’s workers’ compensation subrogation statute. As some are learning, however, this is not always the case.
Gary Wickert will be presenting a live webinar on New Jersey Automobile Subrogation: The Nuts and Bolts on June 14, 2016 from 10:00-11:00 a.m. (CST). This webinar is free to attend and will cover topics such as PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation, suspension of driver’s licenses, and much more. Special Guest Panelist: Attorney Steven Kraus, with the Law Offices of Steven G. Kraus, in Warren, New Jersey. For more information on this webinar and/or to register for it, click HERE.