When:
Tuesday, April 4th at 10:00 – 11:00 a.m. (CST)
Who should attend:
Subrogation Professionals
Speakers:
Elizabeth Hernandez (MWL Jacksonville Office)
Matthew Fricker (MWL Hartford Office)
What:
On March 23, 2023, the Florida Senate passed a sweeping tort reform bill known as HB 837. On March 24, the bill was signed into law by Gov. Ron DeSantis, effective immediately. The new law turns on its ears just about every fundamental aspect of tort law, from the basic negligence statute of limitations to transforming Florida from a pure comparative fault state to a modified comparative fault (51% bar) state. The new law is one of the most sweeping revisions of state tort law ever. The new law became effective immediately and are applicable to all lawsuits filed on or after that date. The statute of limitations amendments, however, are only applicable to causes of action which accrue on or after March 24, 2023. In an effort to avoid the harsh effects of the change to modified comparative fault (which will dramatically affect more difficult cases), plaintiffs’ lawyers have filed more than 70,000 lawsuits filed from March 18 to March 23.
Tens of thousands of new third-party actions have been filed, creating a short thirty (30) day-time frame in which workers’ compensation carriers must respond to any request for a subrogation lien amount or the carrier may be barred from claiming a subrogation lien in the matter. A subrogated insurance carrier can claim a subrogation interest for benefits paid against a third-party recovery, but may need to abide by the provisions in § 768.76 (6) in order to do so.
Elizabeth Hernandez
Partner
Jacksonville Office
(800) 637-9176
[email protected]
Matthew Fricker
Sr. Counsel
Hartford Office
(800) 637-9176
[email protected]
On the Road with Autonomous Vehicles
When:
March 31, 2023 – 10:30 -11:30 (Eastern)
Where:
CLM Annual Conference, JW Marriott Tampa Water Street, Tampa, FL
Who should attend:
Insurance Companies, Subrogation and Recovery Service Providers, TPAs, Self-Insured Entities, In-House Counsel, Brokers.
Speakers:
Ashton Kirsch (MWL’s Hartford Office), Fran Brooks (PMA Companies), Joey Daryanani (CSAA Insurance Group)
What:
Autonomous vehicles will improve road safety and reduce injuries, death, and property damage. The average size of claims, however, could increase significantly, meaning fewer fender benders and more catastrophic injuries and deaths, subrogation of which will require immediate investigation, experts, and product liability lawyers to subrogate these losses. Simple auto accidents will now become infinitely complex product defect cases involving possible product defects. Claims professionals will need to become familiar with the technology involved and develop a relationship with qualified automotive experts. As H.G. Wells famously said, “Adapt or perish, now as ever, is nature’s inexorable imperative.”
The Subrogation Support Network Podcast Launch
When:
Tuesday, April 11, 2023
Episode:
Kia/Hyundai Thefts: A Primer, Plan Forward, and Call to Action
Host:
Ashton Kirsch with Rich Schuster (MWL’s Hartford Office)
What:
Join Shareholder, Ashton Kirsch, as he hosts MWL’s new podcast, The Subrogation Support Network. From the world’s finest subrogation resource center, this podcast will aim to provide subrogation professionals with effective strategies and insightful tips. You’ll hear from various lawyers and experts discussing the latest legal updates, news and trends. In our first episode, Ashton will be going over the Kia/Hyundai claims with Shareholder, Rich Schuster. Mark your calendar and be sure to tune in on our launch date, April 11th!
Share:
Ashton Kirsch
Shareholder
Hartford Office
(800) 637-9176
[email protected]
Richard Schuster
Shareholder
Hartford Office
(800) 637-9176
[email protected]
Nuclear Negotiations Made Simple For Subrogation Cases
When:
Wednesday, May 3, 2023 – 9:30-10:30 a.m. (Eastern)
Where:
RIMS RiskWorld, Georgia World Congress Center, Atlanta, GA
Who should attend:
Insurance Companies, Self-Insureds, Plan Sponsors, Plan Administrators, TPAs, Health Insurers, Subrogation and Recovery Service Providers, General Counsel, Brokers.
Speaker:
Ashton Kirsch (MWL’s Hartford Office) and Joey Daryanani (CSAA Insurance Group)
What:
The ability to negotiate is the most essential and marketable skill for subrogation professionals. Nearly all claims are resolved through negotiations, with over 97% of all claims resolving prior to litigation and 98% of litigated cases settling prior to trial. This presentation will focus on leading tips and tricks that can be used to maximize recovery on subrogation claims. We will discuss the top 20 introductory negotiations 101 tactics, top 10 subrogation specific negotiation tactics, and top 5 litigation tactics.