Insurance companies, third-party adjusting companies, and subrogation vendors are increasingly undertaking subrogation investigation at an early stage of a claim’s life. Understanding that early recognition and action on third-party recovery potential is often won or lost in the first few days following an insurance claim or loss, companies are learning to obtain and retain key evidence necessary for proof of its subrogation case against a third party.
State Farm has filed a $1.27 million subrogation claim against Tesla, claiming that a ‘defect in design or manufacture’ of a 2016 Tesla Model S started a fire that heavily damaged a Carmel, Indiana couple’s home in 2020.
Hyundai and Kia are telling the owners of nearly 485,000 vehicles in the U.S. to park them outdoors because they can catch fire even if the engines have been turned off. The recalls from the two Korean automakers are another in a long string of fire and engine failure problems that have dogged the companies for the past six years.
Tesla Inc (TSLA.O) will recall 53,822 U.S. vehicles with the company’s Full Self-Driving (Beta) software that may allow some models to conduct "rolling stops" and not come to a complete stop at some intersections posing a safety risk.
When an automobile is damaged in an accident and then repaired, the resale value may be less than a comparable automobile that has not been damaged. In other words, the damage results in a reduction or ‘diminution’ in the resale value of the automobile.
New York City Fire Commissioner Dan Nigro said a malfunctioning electric space heater caused the Bronx apartment fire that killed 19 people, including nine children, and injured dozens of others Sunday morning.
A lithium-ion battery in an electric bike or scooter self-combusted in a Bronx apartment building, sparking a four-alarm fire early Saturday morning, according to the Fire Department of New York (FDNY).
More than 100 insurance companies are suing the Texas power grid operator and dozens of power generators, over losses and property damage sustained during the winter storm last February.
It’s happened at least once to every subrogation professional. A significant claim file involving an auto accident in which liability appears to be a lock, suddenly goes into a tailspin when the other side denies the claim because the tortfeasor suffered a heart attack or blacked out as a result of some other sudden medical emergency.
No employer wants to find themselves in the midst of a workers compensation matter, especially when the employee in question was injured through no fault of the employer.
This problem starts with California’s notoriously employee-friendly workers compensation rules, which requires employers to pay for employees’ medical treatment if they are hurt on the job. This holds true even in cases where the employer is not at fault and injuries were caused by a negligent third party.
Fortunately, California also gives businesses or their workers compensation carriers the right to subrogate against those negligent third parties to recover any benefits they might have paid to injured workers. Through additional litigation, employers can seek reimbursement for these paid benefits that were made on behalf of an injured employee.
Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting.
A Minnesota snowstorm turned highways and roads into a slippery destruction derby in which at least 261 vehicle crashes were reported in an 18-hour period, authorities said.
According to Arbitration Forums, Inc.’s website, the 5,200 members who subscribe to Arbitration Forums file over 949,000 disputes and nearly 1.7 million subrogation demands worth more than $13.9 billion in claims annually.
The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of catastrophic losses caused by natural disasters. When God sends a hurricane, tornado, flood, or naturally occurring fire, the resulting losses can be enough to put many insurance companies into receivership.
November 23, 2021 Matthiesen, Wickert & Lehrer, S.C. Subrogation