One of the characteristics of multi-state or nationwide subrogation experienced by claims professionals, lawyers, and judges alike is the frequency with which we run into subrogation issues or questions which seemingly have no clear answers. Quite often we receive uneducated…
During most of the 20th Century, Texas boasted a workers’ compensation subrogation scheme which was in the top five most favorable for carriers. That all began to change when the state began a series of legislative changes and issued a…
A federal court in Maryland has asked the Maryland Supreme Court to sound off on an issue regarding the apportionment of attorneys’ fees and costs between a workers’ compensation insurance company and an injured employee, following a large third-party settlement.…
Little by little, Alabama is letting out the line when it comes to who can recovery loss of use damages after an automobile has been in an accident. In addition to the other damages recoverable, loss of use (reasonable value…
Every day we see evidence of the continuing evolution of subrogation law across our country. In many respects, we are still pioneers in this industry, as subrogation wasn’t pursued, respected, or sought after for many years, leaving many areas in…
On July 25, 2020, a man named Wesley Little showed up at the front door of Vicki Baker, who was a long time resident of McKinney, Texas. Little had a 15 year-old girl with him when he knocked on the…
On September 19, 2024, in one of the most pro-subrogation decisions in a generation, the Nevada Supreme Court has overnight turned Nevada into one of the most favorable states for workers’ compensation subrogation. With the stroke of a pen, the…
It is said that good judgment comes from experience, but experience comes from bad judgment. This pithy aphorism is generally true in life but is particularly true when a company sees significantly increased workers’ compensation insurance premiums following a serious…
California is facing particularly severe wildfires this fall, with multiple fires raging across the state. These fires have led to widespread damage, including property loss, environmental destruction, and health hazards. On September 8, the Bridge Fire began in the Angeles…
The author, Franz Kafka, known for his dark situations which many people relate to, once wrote a very short story about omnipotent power floating just beyond our reach. You go to the city to see the law. Upon arrival outside…