subrogation News

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 …

Viewpoint: Subrogating Employees’ Intentional Act Damage Recoveries

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits …

Subrogating Rental Car Company Physical Damage and Loss-of-Use Claims

Automobile rentals is a $29 billion industry and constitutes a significant portion of the transport sector in America. In 2018, there were 2,212,925 rental vehicles on U.S roads. There are six million auto accidents in the U.S. every year, and …

When Employees Work From Home: Work Comp Subrogation and the Remote Employee

When employees work remotely from home or other locations, the normal rules of course and scope can become complicated and confusing. The same is true of subrogation potential. When the employee is injured in their home, subrogation targets tend to …

Viewpoint: Keeping Your Cases Moving During the COVID-19 Crisis

Many subrogation professionals will find themselves working from home in the near future. While much can be accomplished from a computer keyboard, there are certain activities essential to investigating and litigating subrogation files which are going to mandate a creative …

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 …