August 2019 Subrogation Newsletter
Daniels v. State Farm Mut. Auto. Ins. Co., 2019 WL 2909308 (Wash. July 3, 2019). The Washington Supreme Court decision of Daniels extended the Made Whole Doctrine to deductible reimbursement and more broadly to property damage recoveries where it never has before. Now, whether a reimbursement action or a direct subrogation action, a carrier subrogating under Washington law is precluded from any subrogation recovery unless and until the insured’s damages, including, arguably, the insured’s unliquidated bodily injury damages, are fully compensated.
Even Monkeys Cannot Explain Why Companies Insist on Workers' Compensation Waivers of Subrogation Endorsements
There is much confusion around the purpose of a workers’ compensation subrogation waiver endorsement. Contrary to what some believe, a waiver of subrogation does not prevent a subcontractor’s employee from suing the contractor. These waivers deprive the small subcontractor of a subrogation recovery and the positive effect such a recovery would have on its risk modifier and future workers’ compensation premiums. This article links to our new 50-state chart on Effect of Workers’ Compensation Subrogation Waiver Endorsement.
ACW Corp. v. Maxwell, 2019 WL 3024049 (Del. Super. 2019). A Delaware Superior Court has issued what constitutes in this author’s opinion one of the top five most illogical workers’ comp subrogation decisions in history. With an incorrect reading of a portion of the Delaware workers’ comp subrogation statute, the court has gutted the important right of subrogation in Delaware and increased the cost of doing business for Delaware small businesses.
MWL is pleased to welcome seasoned trial attorney Bree Madison to the firm as a senior litigating associate. Bree will be working in our Hartford, Wisconsin office and brings with her a wealth of litigation and insurance claims experience. Bree will be handling complex property and casualty subrogation along with workers’ comp and auto subrogation cases in Wisconsin and across the country. Bree’s experience includes preparation and trial of cases in both state and federal court and her experience in large, complex property subrogation losses will provide welcome assistance to a burgeoning large loss property subrogation practice here at MWL.