February 2019 Subrogation Newsletter
Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace the insured’s damaged property with “material of like kind and quality” or with “similar material.” When damage caused by fire, hail, water or other causes results in a small portion of a home or building being damaged (e.g., shingles, siding, etc.), whether and when a carrier must replace non-damaged portions of a building to get a perfect “match” remains a point of contention.
A long-standing tug-of-war over whether a workers’ comp carrier can initiate a third-party subrogation action against a third-party tortfeasor on behalf of an injured employee to recoup the amount paid in workers’ comp benefits where the employee did not independently sue the tortfeasor, did not join in the insurer’s action, and did not assign her cause of action to the insurer, has ended with a disappointing Supreme Court decision.
The Minnesota Court of Appeals has confirmed how a third-party tort recovery is to be apportioned procedurally when the employer is found to be comparatively at fault. The confusing state of affairs in Minnesota has undergone changes in recent years, but the new decision in Fish v. Ramler Trucking, Inc., 2019 WL 272865 (Minn. App. Jan. 22, 2019), clarifies once and for all that the “Johnson procedure”, which turned 40 on February 16th, is still applicable and should be followed.
Join MWL For A Live Webinar On Subrogation Magic: Creating Something Out of Nothing - MCS-90 Claims Against Uninsured Operators
Ashton Kirsch, an attorney at MWL, will be presenting a live webinar on “Subrogation Magic: Creating Something Out of Nothing – MCS-90 Claims Against Uninsured Operators” on March 5, 2019 at 10:00 to 11:00 a.m. (CST). As with all MWL live webinars, they are free to attend and provide Texas CE credits. To learn more about this webinar and/or register for it, click HERE.