July 2021 Subrogation Newsletter
On April 22, 2021, the 11th Circuit Court of Appeals decided the case of Moore v. Intuitive Surgical, Inc. holding that the
surgeon/medical expert was not automatically disqualified under the Daubert expert admissibility standard due to his lack of experience using the tool in prior surgeries. The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. Familiarity with the standards for expert testimony is necessary for effective subrogation investigation and inspections because an expert who cannot testify is not going to help the subrogation effort.
Claims and subrogation professionals must be alert to the inadvertent waiver of important subrogation and lien rights when settling a workers’ compensation claim in Oregon. A tragic, but all too frequent claims handling mistake in Oregon is the inadvertent waiver of a large workers’ compensation lien when the underlying claim is settled through a Claim Disposition Agreement (CDA). It is recommended that specific language be included in any CDA entered into in Oregon, where there is third-party subrogation potential and even where subrogation isn’t apparent.
Court-ordered restitution to be paid by a criminal to a subrogated insurance company has become a major source of revenue for carriers. An often-overlooked area of recovery for subrogated carriers is the possibility of obtaining court-ordered restitution from a criminal defendant as part of their sentencing. On June 29, 2021, the Montana Supreme Court sounded off on this issue, granting a subrogated carrier “victim” status when they are required to pay benefits due to the criminal activity of a, well, … criminal.
MWL to Present a CPCU Webinar on Subrogating Catastrophes: The Surfside Condo Collapse and Acts of God
Gary Wickert, Mark Solomon, Ashton Kirsch and Elizabeth Hernandez will present a webinar on Subrogating National Disasters: The surfside Condo Collapse and Acts of God for The Institutes CPCU Society on August 5, 2021 at 2:00 p.m. ET. Reserve your seat today!