
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.
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.
December 23, 2021
Subrogation
Workers' Compensation
California
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.

Subrogating Automated Driving Systems And Autonomous Vehicle Failures
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.
December 22, 2021
Liability
Subrogation

Hundreds Of Crashes Reported As Snow Falls Across Minnesota
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.
December 6, 2021
Auto
Subrogation
Minnesota

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

Explosion And Fire In Michigan House Killed 2, Damaged 30 Homes
A 4-year-old child and a 55-year-old woman have died after a house fire and explosion in Flint, Michigan, on Monday night, authorities said.
November 24, 2021
Auto
Property
Subrogation
Michigan

Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike
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
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 . . .
November 2, 2021
Subrogation
Workers' Compensation
California

Which Workers’ Compensation ‘Benefits’ Can Be Subrogated?
It's the question every claims professional and trial attorney claims to know but few fully understand.
November 1, 2021
Subrogation
Workers' Compensation

Plane Crash In San Diego County Kills Two, Burns Homes
A twin-engine plane that killed at least two people and left a swath of destruction in a San Diego suburb nose-dived into the ground after repeated warnings that it was flying dangerously low, according to a recording.
October 12, 2021
Excess & Surplus Lines
Property
Subrogation
California

Hawaii Workers’ Compensation Subrogation At A Crossroads
We are at the precipice of a potential upheaval in workers' compensation recovery rights in the Aloha State. The Hawaii Supreme Court is about to decide whether equitable considerations and defenses to subrogation-such as the common law Made Whole Doctrine or Common Fund Doctrine-are to be applied to statutory workers' compensation liens.
October 5, 2021
Litigation
Subrogation
Workers' Compensation
Hawaii

Arizona Eliminates Peremptory Challenges
Effective January 1, 2022, Arizona will become the first state to eliminate the use of peremptory challenges in jury selection in both criminal and civil trials-including the trial of subrogation cases.
October 4, 2021
Litigation
Subrogation
Arizona

Hyundai-Kia Recall: Turn Signal Can Flash In Wrong Direction
Hyundai and Kia are recalling more than 550,000 cars and minivans in the U.S. because the turn signals can flash in the opposite direction of what the driver intended.
October 1, 2021
Auto
Subrogation

NFPA 921 Standards Have Changed: What Every Claims Adjuster Should Know
In 1992, the National Fire Protection Association created a set of investigative guidelines that was published as 'NFPA 921: Guide for Fire and Explosive Investigations.' The guide is widely used by both public and private fire investigators.
October 1, 2021
Education & Training
Subrogation



