December 2019 Subrogation Newsletter

Let’s just say it. Florida PIP subrogation is a pain in the butt. The PIP carrier isn’t subrogated to or has a lien on any tort recovery against the “vehicle” owner, subject to two exceptions: (1) where the third-party tortfeasor is uninsured, and (2) where a commercial vehicle which is not required to have PIP coverage is one of the vehicles involved in the accident. The former is straightforward; but the latter exception is where all the confusion arises.

For many years, Idaho courts had discussed this tort but never formally recognized it. On October 18, 2019, however, the Idaho Supreme Court finally adopted third-party spoliation as an independent tort, which now allows an action for spoliation damages against third parties who are not part of the underlying civil lawsuit.

Maryland Court Confuses Wisconsin Exclusive Remedy Rule. For years, lawyers, judges, and state courts have been confused over the Exclusive Remedy Rule that exists in Wisconsin. The confusion is because prior to 1978, the Exclusive Remedy Rule didn’t apply to actions brought against co-employees, but in 1978 the Act was amended to make the Exclusive Remedy Rule applicable to an action against “any other employee of the same employer.”