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Click on a state for a summary of that state’s laws affecting or impacting subrogation recoveries.
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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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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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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For decades, Michigan no-fault carriers operated under a rigid, confusing, and often frustrating limitation: recovery of Personal Injury Protection (PIP) benefits was largely confined to the narrow statutory framework of M.C.L.A. § 500.3116. That statute carefully circumscribes when a carrier may obtain reimbursement of a lien against its insured’s tort recovery, and Michigan courts historically…
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