A federal district court in Massachusetts has ruled that Massachusetts tort law does not provide for recovery of “inherent diminution in value” damages by a third-party claimant. Martins v. Vermont Mutual Ins. Co., 2019 WL 3818293 (D. Mass. 2019). The …
Almost any time money changes hands in America, there are tax issues. The Internal Revenue Code (I.R.C.) is over 2,600 pages long, and contains fives times as many words as the Bible. The federal tax rules and resources within the …
We are frequently asked by clients to file suit in a case in which the statute of limitations expires in a matter of a day—even hours. In some cases, we are asked to file in order to toll an impending …
Standard homeowner policies pay personal property claims at actual cash value (ACV), which is the replacement cost (RC) of the damaged property based on its current used condition. In other words, it is valued at what it would cost to …
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 …
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 …
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, …
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 …
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 …
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 …