subrogation News

Massachusetts Weighs in on 3rd-Party Liability For Diminished Value Damages

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 …

Subrogation Settlements and the IRS

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 …

Beating The Statute of Limitations: Filing Suit is Only Half the Battle

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 …

Paying Overhead and Profit in First-Party Claims

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 …

Business News: TrustLayer, Verisk and BuildFax, Arbitration Forums and GEICO

TrustLayer Teams with Building Partnerships TrustLayer, a San Francisco-based insurtech startup, announced that it has formed a partnership with Building Partnerships to distribute a technology that verifies certificates of insurance and other business documents. TrustLayer said the Builder Partnerships network …

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 …

Lessons Learned After a Large Pipeline Failure in Canada: Viewpoint

Twelve years ago an oil field gathering system in Northern British Columbia suffered a major pipeline failure leading to significant losses. The oil field owner was ISH Energy Ltd. that had contracted with an oil field service company, Weber Contract …

Insurers Urged to Be Cautious When Seeking Recovery of Paradigm Fees

Paradigm Catastrophic Care Management offers what insurers crave: certainty in medical costs for workers’ compensation claims filed by catastrophically injured workers. For a set fee, the California company’s Catastrophic Care Management division will take over liability for all treatment costs …

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 …