COLORADO SUPREME COURT DENIES DOCTOR’S EFFORTS TO REDUCE DAMAGES UNDER COLLATERAL SOURCE RULE Scholle v. Ehrichs, 2024 WL 1710169 (Colo. 2024)

Newsletter, Subrogation

An April 22, 2024 decision by the Colorado Supreme Court considered the confusing interplay between Colorado’s statutory Collateral Source Rule and medical malpractice actions under the Health Care Availability Act (HCAA).[1] Specifically, the Court addressed the question of whether the “contract exception” to the collateral source statute applies in a medical malpractice case where the…

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HOW TO SUE YOURSELF AND WIN: Nuances of Subrogating Workers’ Compensation Death Claims

Newsletter, Subrogation, Workers' Compensation

The American horror film “Split”, directed by M. Night Shyamalan, is a psychological thriller which centers on a bizarre antagonist with 23 separate personalities. Without spoiling the plot, suffice it to say that it focuses on the fact that there is something to the adage “mind over matter.” They say that life imitates art. If…

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Lease

Pennsylvania Appellate Court Says Silent Lease Means Tenant Is Not Considered A Coinsured And Carrier Can Subrogate

Newsletter, Property, Subrogation

The law in Pennsylvania regarding the ability of a landlord’s property insurer to subrogate against a tenant whose negligence causes damage to the landlord’s building has been very slow to develop. But they are quickly making up for lost time. Until recently, Pennsylvania had only one case speaking to this issue. In 1990, the Pennsylvania…

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Texas Creates New Statute of Repose for Residential Construction Claims

Newsletter, Property, Subrogation

For almost five decades Texas has had a single statute of repose which imposed a ten (10) year period for claims against architects, engineers, interior designers, landscape architects, builders, and construction contractors.[1]  Texas has imposed a ten-year statute of repose on suits against builders or contractors who construct or repair improvements to real property.  It…

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Workers' Comp

SOMETHING OLD, SOMETHING NEW; SOMEONE BORROWED, SOMEONE TO SUE

Newsletter, Subrogation, Workers' Compensation

Workers’ Compensation Subrogation and Employee Leasing Companies At its core, workers’ compensation subrogation is quite simple. Employee injured while at work receives workers compensation benefits. Carrier paying benefits recovers those benefits from anyone responsible for causing the injury other than the employer. As the saying goes, however, “Progress is man’s ability to complicate the simple.”…

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