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Settling Subrogation Claims And The Dreaded Release: Release Language, Indemnity, Hold Harmless, and Other Concerns

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.” The meme itself connotes setting loose utter destruction on one’s enemy—a description which can be…

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Arizona Court Rules Med Pay Carrier Only Responsible For Paying Reasonable Medical Expenses—Not Amount Billed To Insured

In the continuing struggle between recovery of medical expenses billed vs. recovery of discounted medical expenses paid by insurers, an Arizona federal court has sounded off on the duty and obligation of a Med Pay carrier with respect to paying its insured for medical bills. In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113…