Road to Recovery

Seat Belt Defense In All 50 States

Subrogation professionals must become familiar with an increasingly used defense in the litigation of auto insurance subrogation cases. Even if the insured is totally free from fault in the operation of the insured’s auto, not wearing a seat belt could …

Navigating The Anti-Subrogation Rule

Subrogation is the legal doctrine which allows one party, usually an insurance company, that pays a loss by its insured which was caused by a third party, to take over the rights of its insured against the third party and …

10 Subrogation Mistakes Insurance Companies Keep Making

“Show me the money.” – Rod Tidwell in Jerry Maguire This year is the 20th anniversary of the 1996 romantic comedy Jerry Maguire. Its director, Cameron Crowe, just published the entire 5,000-word mission statement he wrote for his crisis-hit sports …

Imputed Contributory Negligence: Maximizing Auto Property Subrogation When Permissive User Driving

Effective auto property subrogation may seem simple, but it often requires a thorough understanding of some of the more confusing legal concepts known to American civil jurisprudence. When your insured (owner of a vehicle) entrusts his or her vehicle to …

Robo Claims: When Robots Injure Humans

Around the world, robots are increasingly being used to perform menial and complex labor tasks in the home and in the workplace. Robots are used in restaurant kitchens to make sushi and chop vegetables. They are also important earlier in …

How to Sue Yourself and Win

The new American horror film “Split”, directed by M. Night Shyamalan, recently in theaters, 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 …

¿Dónde Están Mis Beneficios? Workers’ Comp Claims by Undocumented Employees

Following an election cycle in which illegal immigration became a touchstone issue, it seems only appropriate that claims handlers and subrogation professionals have a clear understanding of the many nuances involving workers’ compensation claims made by undocumented employees. Indeed, with …

Waivers Of Subrogation Endorsements Are Like Onions

A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up …

Subrogating Hawaii: Navigating the Subrogation Trade Winds In ‘The Middle of Nowhere’

Hawaii. There is no place like it on earth. It is the most remote population center on the face of the planet, 2,400 miles from the nearest anything. It has the most diverse population on earth, with no racial or …

The Exceptions to the Rule: Understanding The Dual Capacity Doctrine

The Exclusive Remedy Rule is neither exclusive nor a remedy. What began as a cornerstone of the social insurance experiment known as workers’ compensation has become so riddled with leaks that employers and their insurers often give up on subrogation …

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