In December we reported on the anti-subrogation climate in Missouri and the Court of Appeals decision in Thomas v. Ramushi, which held that, absent a “direct assignment”, an insurer has no authority to seek a property subrogation payment from the tortfeasor without the insured’s consent.[1] That decision highlighted the important distinction between a subrogation clause…
In a rare example of how strong a workers’ compensation statutory lien can be, a Pennsylvania appellate court affirmed a ruling by a Workers’ Compensation Judge (affirmed by the Workers’ Compensation Appeal Board (WCAB)) in which a workers’ compensation carrier was allowed to recover its full $45,530.48 lien out of the employee’s $675,000 third-party settlement,…
A Delaware court has thrown a small blanket of precedent over the smoldering embers of claims by some insureds with large deductibles that their insurance company is guilty of bad faith if it does not attempt to subrogate and recover the insured’s deductible. On August 2, 2020, Praveen Patel’s house located at 403 Derby Way,…