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Click on a state for a summary of that state’s laws affecting or impacting subrogation recoveries.
About seven years ago, I became fascinated with autonomous vehicles for a very selfish reason: I hated my commute. Three hours a day behind the wheel felt like wasted life. I dreamed of the day when my car would drive itself—when I could answer emails, squeeze in a workout, take a nap, or finally catch…
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There is a growing and troubling trend in courts across the country: denying subrogated insurance carriers the right to intervene in pending litigation on the theory that the insured’s attorney already “adequately represents” the insurer’s interests. While this assumption may appear superficially convenient, it rarely holds true in practice. Subrogation is complex. Its objectives differ…
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On October 30, 2025, the Utah Supreme Court finally took a position regarding that state’s Collateral Source Rule and the recovery of medical expenses in tort cases. In Gardner v. Norman, 2025 WL 3030153 (Utah 2025), a unanimous court fundamentally reshaped Utah law governing the recovery of medical expenses and clarified the application of its…
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Litigation is rarely cheap, but often necessary in the context of disputed insurance claims. Those who resist paying subrogation claims know that many insurers hesitate to file suit, hoping to “save money” on litigation costs. As a result, those same insurers frequently receive only partial recoveries, even on the strongest liability cases. Over the past…
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