Road to Recovery

Even Monkeys Cannot Explain Why Companies Insist on Subrogation Waivers

Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is …

Subrogation Counsel, Data Breaches, And Cybersecurity

What do you really know about the strengths and weakness of the cybersecurity measures taken by the subrogation counsel and recovery vendors you engage to assist with subrogation recoveries? This past April, Yahoo entered into a $117.5 million settlement in …

Fraud Alleged After Carrier Included Case Management Fees in Subrogation Lien: Viewpoint

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 insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, …

Sidewalk Defects Liability: In Most States, Size Matters

Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases, the injury is a direct result of a municipality failing to institute and/or conscientiously follow …

N.J. Court Prohibits Lawyer from Asking Client at Trial if Vehicle Totaled

A New Jersey Superior Court judge recently issued a written ruling, holding that, as a matter of first impression, it was inappropriate for a lawyer to question his client during trial as to whether his vehicle was “totaled” as a …

‘Matching Regulations’ Affecting Homeowners’ Insurance Claims: Viewpoint

It remains one of the most difficult issues to deal with in the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind …

Demystifying Specialty, Wholesale, Surplus Lines and Specialty-Admitted Insurance

Subrogation professionals are often required to deal with a variety of insurance companies, including those admitted or licensed to transact business in a particular state and those which are not. Understanding the difference can assist the claims handler and subrogation …

How to Get Paid for Being Use-Less: Understanding Loss of Use Claims

When a negligent driver causes damage to another vehicle in an accident, most states allow the owner of the damaged vehicle to recover damages in tort for the reasonable cost of repairing or replacing the vehicle along with the monetary …

Who Let the Dogs Out? Subrogating Dog Bite Cases

One insurance company – State Farm – has referred to dog bites as a “serious public health problem.” Last year alone, one carrier paid $90 million in claims on roughly 3,500 dog bite incidents. According to the Insurance Information Institute, …

Subrogation Savoir-Faire: What You Don’t Know Can Hurt You

Oh, that it wasn’t so, but today’s world of insurance claims adjusting, subrogation and civil litigation rewards the ability of one party to take advantage of what the other party doesn’t know. A civil trial is known as an “adversary …

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