The New York “Highway Work” Rule: How § 1103 Changes Auto Collision Subrogation In the Empire State

Subrogation professionals handling automobile collision claims in New York face unique challenges when the tortfeasor is operating a municipal vehicle. While municipal immunity doctrines already complicate recovery, a lesser-known but highly influential statute—New York Vehicle and Traffic Law (VTL) § 1103(b)—can upend a seemingly straightforward subrogation file. This provision limits liability for vehicles engaged in…

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Best Practices for Subrogated Carriers: Avoiding Time-Barred Claims in Arbitration

In the realm of insurance subrogation, understanding the interplay between arbitration proceedings and statutes of limitations is crucial. A common query arises: Does initiating arbitration toll the statute of limitations? This question becomes particularly pertinent when a subrogated carrier files for arbitration, but the arbitration is dismissed for jurisdictional reasons—such as lack of coverage on…

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Wisconsin Court Upholds Minnesota PIP Subrogation Rights Despite Policy Waiver – Jaster v. Selective Insurance (2025)

Stephanie Jaster, Plaintiff-Appellant, v. Selective Ins. Co. of S.C., Defendant-Respondent., 2025 WL 1379673 (Wis. App. May 13, 2025) In a recently released Wisconsin Court of Appeals decision, Stephanie Jaster v. Selective Insurance Co. of South Carolina, the court reaffirmed a key principle in the Minnesota PIP subrogation landscape: an insurer’s failure to expressly assert subrogation…

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CLICK HERE TO LOSE EVERYTHING: The Phishing Epidemic Threatening Your Insured’s Data

In today’s digital warzone, the most dangerous threats often arrive disguised as something harmless. A CAPTCHA prompt. A fake DocuSign request. A simple email from a name you recognize. At MWL, we understand how one innocent click by a law firm without strong cybersecurity protocols can unravel millions of dollars’ worth of client data security.…

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2247888569

UNLOCKING RECOVERY: The Power of Cyber Subrogation In The Digital Age

In today’s interconnected world, cyberattacks have become a pervasive threat, impacting businesses across all sectors. Insurance companies are at the forefront of mitigating these risks, often covering substantial losses resulting from data breaches, ransomware attacks, and other cyber incidents. However, the financial burden doesn’t have to end with claim payouts. Through the process of subrogation,…

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REWRITING SUBROGATION PLAYBOOKS: The Legal and Ethical Implications of Assignments in Small Claims

In the world of subrogation, insurers typically pursue recovery by directly asserting their subrogation rights against responsible third parties. However, in the decision rendered by a federal court for the Eastern District of Wisconsin, the subrogated carrier tried something different. In Reynolds v. MJC America, Ltd., 2025 WL 659390 (E.D. Wis. Feb. 28, 2025), American…

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Workers' Compensation

PROTECTING WORKERS’ COMPENSATION SUBROGATION RIGHTS: Preserving the Grand Bargain for Nevada’s Small Businesses

Introduction Workers’ compensation subrogation is more than a legal doctrine; it is a fundamental component of the grand bargain struck over a century ago in our country between employers and employees. This grand bargain ensured that injured workers would receive timely benefits without the need for litigation while protecting businesses from potentially crippling lawsuits. At…

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HOLDING NEGLIGENT ROOFERS ACCOUNTABLE: Subrogating Water Losses from Poor Rain Protection

When homeowners hire roofing contractors to repair or replace their roofs, they expect professionalism and care. However, water damage caused by a roofer’s failure to protect a roof during inclement weather is a common and costly problem. For Insurance carriers pursuing subrogation, overcoming the defenses asserted by roofers, including claims that roofing work cannot always…

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