June 2021 Subrogation Newsletter
There are over a dozen people dead and 147 remain unaccounted for. It is a human tragedy of unspeakable proportion and our prayers go out to all the families whose lives have been shattered by this tragic event. In many ways, nothing matters more than those families. Still, the collapse of the Champlain Towers South Condominium in the small, beachside town of Surfside, Florida, is on the minds and radars of insurance and subrogation professionals.
When one insurance company subrogates against another insurance company and both are members of intercompany arbitration, arbitration is mandatory. What about auto arbitration when one of the carriers involved is not a member of arbitration? As it turns out, there are plenty of situations where two parties must arbitrate auto claims even though they are not members of or signatories to arbitration. Subrogation professionals should be familiar with when and where auto arbitration is mandatory.
Florida Supreme Court Decision Gives Clue As To Ability Of Workers' Comp Carrier To Subrogate In Legal Malpractice Cases
A new ruling from the Florida Supreme Court may shed some light into ability of a workers’ compensation carrier to seek reimbursement from an employee’s legal malpractice claim against his or her personal injury attorney. In a case that had been pending for almost two years, the Florida Supreme Court has ruled that a professional liability insurer could bring a malpractice claim against appointed defense counsel based on a subrogation claim in its policy.
Florida’s status as a no-fault state was about to come to a ceremonial end after the legislature passed Senate Bill 54, which effectively eliminates Florida’s no-fault system and requires motorists to carry bodily injury liability insurance. The bill passed on April 30, 2021, and was sent to the desk of Governor Ron DeSantis for signature. He vetoed it.