Columns

Viewpoint: Confronting The Deer In The Headlights

One day last month our firm received three separate, unrelated subrogation claim files involving serious personal injury, property damage, and a death resulting from tractor-trailers whose drivers had lost control after serving to avoid colliding with a deer on the …

Rise in Pedestrian Fatalities Presents New Subrogation Opportunities

A new analysis of pedestrian safety by the Governors Highway Safety Association (GHSA) reveals that pedestrian fatalities are sharply on the rise. In fact, the report reveals the astonishing news that an average of nearly twenty-two (22) pedestrians per day …

Subrogating Shifting and Falling Cargo Cases

We see more than our fair share of subrogation cases involving work-related injuries caused by shifting and falling cargo. If a truck’s cargo is not properly loaded or secured, the resulting workers’ compensation claims can be significant. We routinely see …

The Only Way to Increase Your Net Subrogation Recoveries

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit …

Viewpoint: Spoliation By Insurer Can Destroy Subrogation Potential

Insurance companies, third-party adjusting companies, and subrogation vendors are increasingly undertaking subrogation investigation at an early stage of a claim’s life. Understanding that early recognition and action on third-party recovery potential is often won or lost in the first few …

Subrogating Automated Driving Systems and Autonomous Vehicle Failures

Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting. All this …

Subrogation and the Sudden Emergency Doctrine

It’s happened at least once to every subrogation professional. A significant claim file involving an auto accident in which liability appears to be a lock, suddenly goes into a tailspin when the other side denies the claim because the tortfeasor …

Which Workers’ Compensation Benefits Can Be Subrogated?

It’s the question every claim professional and trial attorney claims to know but not fully understand. In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation …

Viewpoint: The Risks of Recording Business Calls

You might ask what Kamala Harris was best known for prior to becoming the first female vice president in US history. One piece of notoriety was, as attorney general of the state of California, she oversaw the prosecution of Wells …

What Does it Mean to ‘Total’ a Vehicle?

Nowhere is the difference between “knowing” something and “understanding” something more evident than when it comes to the relationship between “totaling a vehicle” for insurance purposes and the concept of salvage vehicles under state law. Everybody knows what it means …

Columns Archives by Month