June 2019 Subrogation Newsletter
There is an ongoing and heated national debate over the growing practice of law enforcement using red light traffic cameras. While most of the attacks on red light camera systems focus on their use as an aid to law enforcement, from a legal perspective, their use is invaluable when it comes to litigation involving intersection collisions.
Ridesharing in New York has created confusion over New York no-fault insurance and PIP Loss Transfer. In April 2019, the New York Department of Financial Services issued “Insurance Circular Letter No. 4” opining that an insurer should not invoke intercompany loss transfer provisions solely based on one of the vehicles being a rideshare vehicle.
On June 14, 2019, the Kansas Supreme Court issued a landmark decision that changes the landscape of personal injury and workers’ compensation third-party cases. This decision will have significant ramifications for Kansas tort and third-party action lawsuits, because liability carriers intentionally stingy in Kansas due to the limited downside will now have to rethink how they approach and settle liability cases.
On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the Collateral Source Rule in personal injury lawsuits. This case will impact workers’ compensation subrogation recoveries in Louisiana by reducing the overall pool of recovery money subject to subrogation.