July 2019 Subrogation Newsletter

Carriers Are Only As Secure As Their Weakest Link. Cyber attackers have actively begun turning their sights on insurance companies and law firms. What do you know about the strengths and weaknesses of the cybersecurity measures taken by your subrogation counsel and recovery vendors? This article has ten questions you should ask and, if the answers are not complete and verified, you may be at risk.

Frederking v. Cincinnati Ins. Co., 2019 WL 2751700 (5th Cir. 2019). There is a new 5th Circuit opinion concluding that drunk driving collisions are “accidents.” Had the 5th Circuit upheld the coverage denial by Cincinnati, the ramifications for automobile accident liability coverage would have been cataclysmic.

In re Old Republic Risk Management, 2019 WL 2462486 (Tex. Civ. App.-Tyler 2019). This new decision is an important reminder to carriers and subrogation counsel that care should be taken in representing the payments that are included in a workers’ compensation lien.

In the subrogation world, it’s common knowledge that, in states that allow strict liability claims against entities in the supply chain, Amazon attempts to preclude liability by arguing that it’s not a “seller” of a product. Instead, Amazon has successfully argued that it only provides a platform for a buyer and seller to connect for purchase of a product, so it shouldn’t be subject to strict products liability. However, in two recent decisions, this argument has failed.

We are pleased to welcome trial attorney Mark A. Solomon to the firm. Mark, who is licensed to practice in Texas and Colorado, is the managing partner of MWL’s new Austin, Texas branch office. Mark’s practice focuses on complex property and casualty subrogation, workers’ comp subrogation, and auto subrogation. He brings with him a wealth of litigation and insurance claims experience. Just prior to joining MWL, he was the Supervising Attorney at Farmers Insurance Group, managing a team of seven attorneys, paralegals, and collection specialists throughout the country.

We are also pleased to welcome Jake Simon to the firm. Jake has joined our insurance litigation team as a litigating subrogation associate in our Hartford, Wisconsin office. In 2018, he worked as a law clerk in the Wisconsin office so he isn’t really “new” to the firm. Jake is handling insurance litigation focusing on nationwide insurance subrogation involving health insurance, ERISA, occupational accident claims, workers’ comp, fire and casualty, and auto.