This 50-chart presents an overview of current workers’ compensation subrogation in construction settings. States appear to be limiting third-party subrogation most severely in construction settings – the area of workers’ comp where the average level of injury compensation payments is nearly double the level for all other industries combined.
What is diminution in value? When a car is damaged in an accident and then repaired, it may result in a reduction or “diminution” in the vehicle’s resale value. Subrogation adjusters need to know when and how state laws deal with diminution in value. This chart summarizes of how the first-party and third-party issue is treated…
This chart is a compendium of spoliation laws for the states that have examined the issue of spoliation. The majority of states that have examined this have preferred to remedy spoliation of evidence and the resulting damage to a party’s case or defense, through sanctions or by giving adverse inference instructions to juries.
This chart is an exposition of employee leasing subrogation laws. Each state varies with its application of the Exclusive Remedy Rule to situations involving employee leasing companies and temporary employees.
This chart summarizes dog bite laws regarding the liability of a dog owner for personal injuries or property damage caused by a dog attack or bite in all 50 states.
This chart addresses parental responsibility laws that hold parents or legal guardians responsible for property damage, personal injury, theft, shoplifting, and/or vandalism that result from intentional or willful acts of their minor children.
This chart defines the Economic Loss Doctrine, including what purpose it serves, what you need to know about it, and how each state interprets and utilizes the Economic Loss Doctrine.
This 50-state health and disability insurance subrogation chart identifies critical legal questions faced by occupational accident practitioners, including whether and to what extent you can subrogate occupational accident coverage in each state.
This 50-state chart summarizes landlord tenant subrogation laws. Understanding when, where, and why subrogation actions by a landlord’s insurer against a tenant are permitted or prohibited is critical to maximizing property subrogation recoveries.
This 50-state chart is a compilation of summaries of the law with regard to the Made Whole Doctrine and its applicability to subrogation generally. With the Made Whole Doctrine affecting every line of subrogation, understanding each state’s made whole laws is vital to a successful subrogation result.