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Click on a state for a summary of that state’s laws affecting or impacting subrogation recoveries.

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The Cheap Recovery That Costs Too Much: Why Do-It-Yourself Workers’ Compensation Subrogation Needs Subro Counsel Oversight

Newsletter, Subrogation, Workers' Compensation

Every experienced subrogation professional understands the appeal of settling a workers’ compensation subrogation lien directly with the at-fault party’s liability carrier. The file appears straightforward. Liability is clear. The lien is documented. The liability adjuster is willing to write a check. No lawsuit has been filed; the injured worker is not actively pursuing a claim,…

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What the Montgomery Decision Means for Transportation Brokers and How They Can Liability Risk Moving Forward

Newsletter, Subrogation, Transportation and Cargo

The transportation industry has long relied on federal preemption as a powerful defense against certain state-law claims targeting freight brokers. That landscape changed dramatically with the United States Supreme Court’s recent decision in Montgomery v. Caribe Transport II, LLC. In a unanimous ruling, the Court opened the door for plaintiffs to pursue negligent hiring and…

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Expanding The Shield: Transportation Contracts And Statutory Employer Immunity After Minova

Newsletter, Subrogation

Kentucky’s “up-the-ladder” immunity doctrine has long been a trap for the unwary subrogation professional. In Kentucky, the concept of who is an “employer” (as opposed to a “third-party tortfeasor” who can be sued in subrogation) extends well beyond the injured worker’s direct employer. Under K.R.S. § 342.610(2)(b), a contractor may be deemed a “statutory employer”—and…

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Amarillo “Stinky Fire” May Present Significant Subrogation Opportunities with Potential Notice Deadline Complications

Newsletter, Subrogation

Insurers handling losses arising from the Amarillo “Stinky Fire” should act quickly to evaluate and preserve potential recovery claims. The fire, which reportedly originated at the City of Amarillo’s municipal landfill on May 17, 2026, may give rise to claims against governmental and private entities. However, claims against the City of Amarillo are likely subject…

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