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.
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.
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.
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.
We have recently seen an uptick in cases where a tree has fallen on to a neighbor’s house, with calamitous results. Hurricane Ida will likely only increase such claims.
Court-ordered restitution to be paid by a criminal to a subrogated insurance company has become a major source of revenue for carriers in the last couple of years.
An explosion that left six people injured and destroyed a house in Plano, Texas, on Monday was likely caused by a gas leak, officials said.<br /><br />The leak was isolated to the home on Cleveland Drive, which was leveled, according to Plano Fire-Rescue. The explosion also damaged other houses, but no other homes were in danger after the blast.<br /><br />Helicopter news video showed debris scattered over the neighborhood after the explosion at 4:40 p.m. Monday.<br /><br />Six people were taken to hospitals — one who was inside the house that exploded and five from a home next door — the fire department said.<br /><br />Three of the injured were transported to a children’s hospital, officials said. The ages of those hurt were not immediately available.
Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding can significantly boost or reduce the total damages in a case.
General Motors is recalling more than 400,000 pickup trucks in the U.S. because the side airbags can explode without warning and spew parts into the cabin.
Subrogation means, in a legal sense, one party has the right to "step into the shoes" of another party to bring a claim for damages against a negligent third party.
Fires in structures under construction have increased since 2010, according to the National Fire Protection Association (NFPA), and investigations of these events provide a different level of complexity than fires in fully occupied, finished structures.
Officials are investigating whether a natural or man-made gas leak led to a massive explosion that heavily damaged a Warren condominium complex, displaced a dozen families and claimed the life of one resident on July 4.
When one insurance company subrogates against another insurance company and both are members of intercompany arbitration, such as Arbitration Forums, arbitration is mandatory. It is the type of damages sought that determines whether arbitration is compulsory, not the type of coverage afforded by the Respondent.
Firefighters remained on the scene Tuesday morning after a massive fire damaged five homes and an apartment complex under construction near 28th Street and Grant Avenue overnight.
The Florida Supreme Court has given the proverbial ‘green light’ for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice in Florida, the party making the claim was generally required to allege and prove either a formal attorney-client relationship or privity of contract.
