October 2019 Subrogation Newsletter
The War Hazards Compensation Act (WHCA) applies to U.S. employees and government contractors that perform work overseas who are injured as a result of hostile actions. The statute provides procedures and requirements which, if done properly, allow the employer or carrier to seek 100% reimbursement, including allocated and unallocated expenses – not from a responsible tortfeasor, but the government itself.
For years, the publication of Directive Number 175, issued by the 2003 Louisiana Insurance Commissioner, prevented many insurers from successfully pursuing subrogation claims in Louisiana. However, a recent Court of Appeals’ ruling held that policy terms that disclaim the Made Whole Doctrine are enforceable despite the public opinion of the Louisiana Insurance Commissioner.
The first U.S. liability car insurance policy was written in 1898. You would think that with such a long and storied history, the typical auto insurance policy would have evolved to the point of addressing every potential scenario and eliminating any conceivable ambiguity. However, on May 29, 2019, the South Dakota Supreme Court would discover more appropriately, concoct, a policy ambiguity with the clear intent to thwart legitimate rights of subrogation.
The 2019 National Association of Subrogation Professionals (NASP) Annual Conference will be held October 27 – 30 in Washington, D.C. Its lineup of speakers and topics is very good, as usual. MWL will have many experienced subrogation lawyers there who will be moderating, presenting, or speaking at the conference.