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Subrogating Employees’ Intentional Act Damage Recoveries From An Employer Or Co-Employee

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits and a statutory right to be reimbursed from the tortfeasor who actually caused the work-related injury – sometimes referred to as subrogation.
September 1, 2020 Subrogation

Don’t Overlook Loss Of Use

Far too often, subrogated auto insurance carriers fail to submit loss-of-use claims or simply waive loss-of-use damages for marginal value while negotiating a third-party auto-property settlement.
August 14, 2020 Auto Subrogation


The Failed No-Fault Automobile Insurance Experiment

In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through their own insurance company, regardless of fault. In many ways it is like first-party coverage.
August 6, 2020 Auto Liability Subrogation




NJ Supreme Court Confirms Workers’ Compensation Subrogation Is Not Limited By No-Fault Laws

On May 12, 2020, the New Jersey Supreme Court answered a long-standing subrogation question regarding whether a workers’ compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey no-fault insurance, even though the employee does not otherwise meet the verbal threshold allowing him or her to sue the tortfeasor.