January 2015 Subrogation Newsletter
One of the subrogation industry’s strongest and most effective collection tools is the potential to have a debtor’s driver’s license suspended when they are involved in an accident while not being properly insured. When subrogating against an uninsured driver, the more familiar you are with the tools available to you, the better your chances are at squeezing out a recovery – even if it’s over time. If you are able to suspend a defendant’s driver’s license and wield the power to reinstate the license, your chances of getting the defendant to enter into an installment agreement to repay your subrogation interest is exponentially increased. MWL has created a new subrogation chart entitled Suspension of Drivers’ Licenses In All 50 States that details the drivers’ license suspension laws, regulations, and procedures for all 50 states.
“Force-placed insurance” is an insurance policy placed by a lender or bank on a home or vehicle when the property owners’ own insurance is cancelled, has lapsed or is deemed insufficient. This insurance insures the lender and allows the lender to protect its financial interest in the property. Insurance companies that provide coverage under force-placed policies should be wary that “No Pay, No Play” may limit subrogation potential in Louisiana.
For years, Pennsylvania products liability law has been split between state and federal courts with regard to the applicable standard for proving a strict liability design defect case. Pennsylvania State Courts followed common law precedent flowing from a 1978 case, implementing the principles of the Restatement of Torts (Second). On November 19, 2014, the Pennsylvania Supreme Court released a long-awaited and significant ruling clarifying products liability law in Pennsylvania and somewhat stemming the tide in the rote movement towards adoption of the Third Restatement.
Ryan Woody will be presenting a free webinar on Medicare Advantage Update: Enforcing Your Rights Under The Medicare Secondary Payer Act on February 24, 2015 from 10:00-11:00 a.m. (CST). This webinar will discuss several recent decisions involving the rights of Medicare Advantage Organizations (MAOs) and their enforcement rights under the Medicare Secondary Payer Act. It will also focus on MAO’s rights against both primary plans and the enrollee and provide practical guidance for steering your MAO case through litigation to a successful resolution. Don’t miss this hot topic! For more information on this webinar and/or to register for it, click HERE.
Complex litigation and subrogation cases involving product liability and/or technical issues often require opinion testimony in the form of expert witnesses. All too often we see a poor choice of an expert result in a poor subrogation result. MWL has spent over 20 years compiling a database of more than 25,000 experts throughout North America, broken down by geography, expertise, and cost. One of the services we offer our clients is locating potential experts when they need them. Every month, our Meet The Expert column will highlight a qualified expert with whom we have had success in the past. This month, we invite you to meet Charles A. Barnes, Sr.