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Subrogation And The Sudden Emergency Doctrine

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.
January 3, 2022 Auto Liability Subrogation

How Loss Of Consortium Claims Are Upending Employer Subrogation In California

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. <br /><br />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.<br /><br />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.



Enforcing Unpaid Arbitration Awards

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.
December 1, 2021 Litigation Subrogation



Subrogating Texas Freeze Damage Claims

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it runs in Texas, the issue is currently in limbo.
November 22, 2021 Subrogation Texas

How Do You Measure Up?

Insurance carriers have invested in core systems to help streamline their internal claims-handling processes. As a result of improvements in these internal processes, data is more readily available for analysis.
November 10, 2021 Subrogation Technology

Court Of Appeals Rejects Carrier’s Challenge To Settling Around Workers’ Compensation Lien

A valiant effort by a California workers’ compensation carrier to make it more difficult for an employee to argue employer fault and settle around a workers’ compensation carrier’s statutory lien and right of reimbursement fell on deaf ears recently, when the California Court of Appeals rejected the notion that the workers’ compensation carrier has adequate standing to challenge . . .