When:
September 19, 2023
9:05 – 12:00 p.m. (PDT)
Where:
HAI Group HADA Seminar in Seattle, Washington
Speakers:
Mark Solomon (MWL’s Austin Office)
Lee Wickert (MWL’s Austin Office)
What:
Fire and casualty and large-loss property subrogation isn’t burdened by the same confusing and evolving labyrinth of state statutes, regulations, and case law that hampers workers’ compensation or health insurance subrogation. However, it does require, more than any other area of subrogation, prompt recognition of subrogation potential, a working knowledge of certain areas of state law (including the Made Whole Doctrine and Economic Loss Doctrine), and an exigent investigation strategy that stresses the important investment in which subrogation represents. In fact, it involves so many doctrines it is not surprising that property subrogation must be practiced and implemented religiously in order to maximize your subrogation recoveries. From recognition of subrogation in difficult fact settings to effective and thorough, yet cost-effective, investigation of natural disasters, this session focuses on training the claims/subrogation professional on when, how, and why to thoroughly investigate property losses for subrogation potential – even when the potential third party seems to be nothing other than an Act of God. Common mistakes made by our clients in the initial investigation of subrogation potential are discussed – although the names have been changed to protect the innocent.
Mark Solomon
Partner
Austin Office
msolomon@mwl-law.com
Lee Wickert
Senior Associate Attorney
Austin Office
leewickert@mwl-law.com
Top Ten Subrogation Mistakes Carriers Keep Making
When:
October 16, 2023
3:45 – 4:45 p.m. (Central)
Where:
TAMIC Annual Convention, Round Rock, Texas
Speaker:
Mark Solomon (MWL’s Austin Office)
What:
“Experience is simply the name we give our mistakes,” Oscar Wilde famously said. Having represented the subrogation interests of insurance companies and self-insured companies for the past 34 years, we have seen enough bad subrogation decisions to create a concrete list of the ten most often repeated mistakes when it comes to effectively recognizing and pursuing subrogation. Frequently, these mistakes are disguised as corporate efforts to save money, streamline, or consolidate effort. Quite often, they turn into very expensive lessons. Whether we learn from these lessons is the true test of both our desire to optimize the recoveries we make and the lengths we will go to in order to provide the service – and in some states the “duty” – to our insured, for they often pay the price for missed subrogation opportunities. Across all lines of insurance, our mistakes and failures are gifts and guideposts in our learning and growth as insurance industry members. But, we can only take advantage of them if we recognize them. In this webinar, we highlight and discuss ways to avoid repeating the ten mistakes most costly and commonly committed in the fast-growing and demanding world of insurance subrogation.
Investigation and Implementation of Subrogation Claims
When:
November 7, 2023
1:20 – 2:45 p.m. (Central)
Where:
Texas PRIMA 2023 Conference, Galveston, Texas
Speaker:
Mark Solomon (MWL’s Austin Office)
What:
Far too many subrogation professionals come from liability and casualty backgrounds and naturally carry with them a defense-oriented myopia regarding third-party liability. Trained to see most claims as frivolous in nature and skeptical about liability as a default, they are in need of this course. Theories of liability and basic concepts of negligence and causation are discussed, and fact scenarios in which third-party liability is traditionally overlooked or ignored are reviewed. This course also covers how to effectively recognize and investigate a subrogation claim involving auto accidents, medical malpractice, premises liability, products liability, and construction accidents. Additional topics include notice requirements, evidence preservation and spoliation, and tips on retaining experts and how to defeat the Made Whole Doctrine.
California Workers’ Compensation Subrogation: The Nuts and Bolts
When:
November 9, 2023
1:30 – 2:30 p.m. (PDT)
Where:
WCR Conference, Carlsbad, California
Speakers:
Katherine Sandovol (MWL’s California Office)
What:
There are very few areas in which the law of each individual state vary more and are applied as differently, than in the area of workers’ compensation subrogation. While the basic parameter of workers’ compensation claims from state to state remain somewhat constant, the laws regarding subrogation and the application of those laws vary greatly. California is one of the most complicated states when it comes to workers’ compensation subrogation. In California, workers’ compensation is mandatory for all employers, even if the company has one employee. In 2018, California had over 650,000 workers’ compensation cases filed. In this course we will discuss many nuances of California workers’ compensation subrogation, including statutory subrogation rights, who can bring a third-party action, notice requirements, what workers’ compensation benefits are recoverable, ways to protect subrogation rights, when to intervene and not to intervene, allocation of third-party recovery, how employer negligence effects this allocation, the Exclusive Remedy Rule, Dual Capacity Doctrine, and many other issues affecting subrogation. This webinar will be beneficial to all claims professional in all levels of experience who have workers’ compensation subrogation responsibilities in the Golden State.
