subrogation News

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 …

Tautology and the Art of Listening

We only hear half of what we listen to. Perhaps that is why most people instinctively use tautology when they write or speak. Tautology is the use of different words to say the same thing or repeating the same thing …

Slower Traffic Keep Right: A Summary of State ‘Keep Right’ Traffic Laws

It is the universal trigger and a pet peeve of millions of drivers. You’re making good time traveling 75 mph in the left lane of a freeway with a 70 mph posted speed limit. You tap your brakes, turning off …

Texting While Driving on the Rise Despite More Laws Banning it

It’s going to be a banner year for trial lawyers and a tough year for auto insurers. More than 3,000 people are killed on U.S. roads every year in distracted driving crashes, and the use of cellphones while driving has …

The Cost of Subrogation Procrastination

Delays in Referring File to Subrogation Counsel Can Be Expensive In July 2017, we published a somewhat controversial article in the Claims Journal,Ten Subrogation Mistakes Insurance Companies Keep Making. Thirty-four years of subrogation litigation experience had distilled ten of the …

Equitable Subrogation/Contribution Among Coinsurers and Duct Tape

Why You Can’t Have One Without the Other It is difficult to think of two legal concepts that have caused more confusion and headache for both courts and litigants than have contribution and subrogation. Fireman’s Fund Ins. Co. v. Maryland …

Owner Liability For Damage Caused By Stolen Vehicles

A vehicle slams into a group of vehicles stopped at a red light, only to quickly drive away from the scene. This fact scenario almost always involves operating under the influence or a stolen vehicle. In the case of a …

Claims Journal’s Top 10 Contributed Articles in 2017

Insurance industry experts offered unique analysis and perspective throughout the year on a range of article topics, including machine learning, easing return to work and contents claims handling. The top contributed Claims Journal articles this year tackle subjects, like improving …

Early Consideration Key to Successful Subrogation After Catastrophe Losses

Subrogation should be considered immediately, even after a catastrophe loss. This was the takeaway during a recent webinar presented by national law firm Cozen O’Conner. Thaddeus Baria, an Chicago-based associate in the firm’s Subrogation and Recovery Practice Group, explained that …

Subrogating Against Suicide

Your insured’s eighteen-wheeler is struck head-on by another vehicle travelling at a high rate of speed, resulting in significant medical expenses to your insured driver and a passenger, as well as considerable property damage to your insured’s vehicle. The tortfeasor …