Road to Recovery

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 …

The Hard Work of Successful Subrogation

Ancient mythology and the modern practice of subrogation would seem to be strange bedfellows. Yet one story from the past has particular relevance when it comes to the never-ending toil required for aggressive and successful insurance subrogation. Sisyphus was the …

Subrogating Slip and Fall Cases Involving Snow and Ice

Injury and workers’ compensation cases involving slips and falls on snow and ice during winter in America’s northern states, and southern states this year, continue to be a perplexing subrogation puzzle for insurance claims and subrogation professionals. During the winter …

Settling Subrogation Claims and the Dreaded Release

The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” …

OCIPS, CCIPS and Wrap-Up Insurance: The Lesser-Known Subrogation Obstacles

Workers’ compensation subrogation has another growing adversary—one that can slip in during the cover of night, gutting subrogation, and reimbursement rights, even after an insurance company or third-party administrator has spent tens of thousands of dollars in recovery efforts. It …

General Contractor Overhead And Profit And AOB Insurance Scams

A storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage of a much more insidious nature. Following a storm or other natural disaster, canvassers hired by the “hail cartel”—lawyers or …

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