Road to Recovery

The Cost of Subrogation Procrastination

Delays in Referring File to Subrogation Counsel Can Be Expensive In July 2017, we published a somewhat controversial article in the Claims Journal,Ten Subrogation Mistakes Insurance Companies Keep Making. Thirty-four years of subrogation litigation experience had distilled ten of the …

Uber, Lyft and New York Loss Transfer

Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer has arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153 …

Owner Liability For Damage Caused By Stolen Vehicles

A vehicle slams into a group of vehicles stopped at a red light, only to quickly drive away from the scene. This fact scenario almost always involves operating under the influence or a stolen vehicle. In the case of a …

Medical Billing, Insurance Write-Offs and the Collateral Source Rule

Recovery of Medical Expenses in Personal Injury Actions Generally To recover damages for past medical expenses in a personal injury lawsuit, a plaintiff must present evidence and prove that the medical expenses incurred were both “reasonable” and “necessary.” For more …

Opioid Pain Treatment Addiction Costs Workers’ Comp Carriers, Health Insurers Billions

Insurers Seek Reimbursement for the High Cost of Opioid Addictions Big Pharma is having a Big Tobacco moment. Since 1999, the number of prescription opioids sold in America has almost quadrupled. Over the same period, prescription opioid deaths have more …

Subrogating Against Suicide

Your insured’s eighteen-wheeler is struck head-on by another vehicle travelling at a high rate of speed, resulting in significant medical expenses to your insured driver and a passenger, as well as considerable property damage to your insured’s vehicle. The tortfeasor …

Use of Aftermarket (Non-OEM) Crash Parts in Repair of Damaged Vehicles

According to a 1999 study commissioned by the Alliance of American Insurers (AAI), if you were to build a $25,000 vehicle using only Original Equipment Manufacturer (OEM) parts, it would cost you over $100,000. When repairing vehicles damaged in accidents, …

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 …

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