subrogation News

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 …

Reinsurers Not Liable for Defense Costs Exceeding Policy Limits

Two reinsurers that shared part of the risk on a $25 million umbrella policy issued to a New York manufacturer nearly five decades ago are not liable for defense costs in addition to the policy limits, the 2nd Circuit Court …

Fla. Supreme: Insurer Can Pursue Malpractice Suit Against Law Firm That Botched Defense

Attorneys who are hired by insurance carriers to defend policyholders from lawsuits have a duty to represent the insured, but the insurer is paying their fees. Obviously, the insurer has a financial interest in the outcome of the litigation. They …

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 …

Carrier Can’t Subrogate Against Students Who Caused Dartmouth Dormitory Fire

An insurer that paid $4.5 million to Dartmouth College to restore a dormitory that was damaged by fire can’t seek recovery from two students whose negligence started the blaze, the New Hampshire Supreme Court decided. The high court ruled 3-0 …

Viewpoint: Faulty Hose Bibs One of Many Subrogation Opportunities from Record Freeze

Although I am a native Texan, I grew up in Wisconsin. Therefore, I am no stranger to cold weather or the devastating effects it can have on people and property. When I moved back to Texas two years ago to …

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 …