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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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KENTUCKY-FRIED SUBROGATION: Supreme Court Delivers Carriers a Long-Overdue Victory in Kentucky Workers’ Compensation Subrogation K-VA-T Food Stores, Inc. v. Blackburn, 2026 WL 2510926 (Ky. 2026)

Newsletter, Subrogation, Workers' Compensation

Kentucky has not been kind to workers’ compensation subrogation. In our 2023 article, “The Ten Best and Ten Worst States for Subrogating”, we ranked Kentucky as the fifth-worst state in the country. We wrote: Only recently has Kentucky become a bad jurisdiction for workers’ compensation subrogation. It drops to No. 5 thanks to Arkansas being…

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When is a Settlement a Settlement? The Two Words That Can Bind Your Company

Newsletter, Subrogation

In a previous article I wrote, “When Cases Settle: Release Language, Indemnity, Hold Harmless, and Other Concerns”  (see HERE), I warned subrogation professionals about the dangers lurking in the seemingly routine release that arrives after a claim is settled. A seven-page “standard release” can transform a simple subrogation recovery into an assumption of indemnity obligations…

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Opposing Counsel Is Not Your Recovery Counsel: The Fredach Decision Is A Wake-Up Call For Subrogation Recovery

Newsletter, Subrogation

Every experienced recovery professional understands the temptation. A plaintiff’s attorney acknowledges the lien, says it will be “protected,” and promises to deal with reimbursement when the injury claim resolves. The file appears to be under control. Everyone is communicating. No one is openly refusing to cooperate. But a recent Wisconsin Court of Appeals decision shows…

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Texas Supreme Court to Decide Major Workers Compensation Subrogation Question in Old Republic v. Morris

Newsletter, Subrogation, Workers' Compensation

On March 27, 2026, the Court granted review in Debra Morris, et al. v. Old Republic Insurance Company, Cause No. 24-1034, arising from the Tyler Court of Appeals’ decision in Old Republic Insurance Company v. Morris, 700 S.W.3d 172 (Tex. App.—Tyler 2024). Oral argument is scheduled for September 15, 2026. The case presents an important…

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