Contracts in construction almost always carry boilerplate waivers of subrogation. They whisper in fine print that parties surrender rights to recover from one another—even when the party seeking recovery never saw a penny from insurance. Why do we sign these waivers? Few can explain. As one columnist put it, “companies who insist on waivers of…
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America is facing a rapidly worsening uninsured and underinsured motorist crisis, one that is exacting a heavy emotional, human, and financial toll on law-abiding drivers and the insurance system that serves them. Current estimates place the number of uninsured drivers at more than 30 million nationwide, meaning roughly one out of every ten vehicles on…
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In May of 2025, the United States District Court for the Southern District of New York issued a decision in Federal Insurance Co. v. MSC Mediterranean Shipping Co. S.A., that highlights the continuing significance of liability limitations in cargo cases and underscores why subrogation professionals must scrutinize every bill of lading.[1] Chatham Imports, Inc. purchased…
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On the morning of September 9, 2025, dozens of containers toppled from the Mississippi while alongside at the Port of Long Beach, with many seen floating in the harbor near Pier G. Early reports varied, with many indicating at least 67 containers entered the water and many more collapsed on deck. No injuries were reported,…
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In the last couple of years, the headlines have been relentless: the catastrophic Jeju Air 7C2216 crash in South Korea, killing nearly everyone on board; fatal regional accidents in Brazil and elsewhere; a string of military and civilian helicopter mishaps that have doubled the Army’s recent mishap rate; and a December week in 2024 that…
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On October 13, 2025, California Governor Gavin Newsom signed Senate Bill 487 into law, and it takes effect January 1, 2026. The new law makes sweeping changes to California’s workers’ compensation subrogation framework in cases involving peace officers and firefighters. SB 487 limits an employer’s or insurer’s right to reimbursement, lien recovery, and subrogation to…
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The Structure of New Mexico’s Workers’ Compensation Subrogation Scheme The structure of New Mexico’s workers’ compensation subrogation scheme is unlike that of many other states, and it creates a vulnerability that subrogation professionals must understand before it is too late. Unlike most states, New Mexico’s workers’ compensation statute, § 52-5-17, gives the injured employee exclusive…
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Workers’ compensation subrogation is always a tricky business, but nowhere is it more bewildering than in Michigan when a work-related injury arises out of a motor vehicle accident. The state’s unique and confounding no-fault system was designed to streamline compensation and reduce litigation, but for carriers attempting to assert subrogation rights, it has produced a…
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Montana’s Harsh History with the Made-Whole Doctrine For decades, Montana has been recognized as perhaps the harshest jurisdiction in the country when it comes to the application of the “Made-Whole” doctrine in subrogation cases. And it stands to reason that the harsh application of this anti-subrogation rule has led to depleted subrogation opportunities and has…
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Progressive Garden State Insurance Company v. Allstate NJ Insurance Company, 2025 WL 2327776 (N.J. Super. August 13, 2025) The Longstanding Debate Over Med Pay Subrogation in New Jersey For years, New Jersey attorneys, insurers, and claims professionals have debated whether Medical Payments (“Med Pay”) benefits in auto insurance policies can be subrogated against third-party tortfeasors.…
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