News & Analysis as of

Car Accident Subrogation

Husch Blackwell LLP

Wisconsin Court of Appeals Clarifies Insurer's Right to Statutory Subrogation for Minnesota PIP Benefits

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In an unpublished decision, the Wisconsin Court of Appeals recently addressed the interplay between contractual and statutory subrogation rights in the context of out-of-state personal injury protection benefits. The decision...more

Maison Law

California Multi-vehicle Accidents: Navigating Multiple Insurance Claims

Maison Law on

A multi-vehicle accident is one of the scariest and most confusing of all possible scenarios before you even get into the legalities. If that accident happens in California, there are even more complexities. Navigating the...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Highlights Importance of the Plan Document

A recent decision by the U.S. Court of Appeals for the Sixth Circuit (Patterson v. United HealthCare Ins. Co., No. 22-3167, 2023 WL 4882436 (6th Cir. Aug. 1, 2023)) illustrates the importance of clearly describing key plan...more

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Butler Weihmuller Katz Craig LLP

The Made Whole Rule On The Forefront of A Whole Lot of Litigation

The Made Whole Rule and the handling of the insured’s deductible and uninsured losses alongside the subrogation claim remain ever-present topics of discussion amongst subrogation professionals and within subrogation case law....more

White and Williams LLP

In Louisiana, If the Band Plays On, the Plaintiff Cannot Recover Loss of Use Damages

White and Williams LLP on

In Jensen v. Matute, 2020 La. App. LEXIS 160, the Court of Appeal of Louisiana considered whether the plaintiff could recover compensatory, loss of use damages following a rear-end car collision. The court held that because...more

Cozen O'Connor

Insured Made Whole After Subrogation Recovery

Cozen O'Connor on

A property insurer, having paid for covered damage, can recover the loss by seeking reimbursement from its insured where the insured has recovered funds from a responsible third-party, or the insurer may pursue a claim...more

Roetzel & Andress

No Citation? No Problem. Employers Can Now Submit A Request To Charge The Surplus Fund Without Proof Of A Motor Vehicle Citation

Roetzel & Andress on

Since the passage of Ohio House Bill 207 in 2016, the Bureau of Workers’ Compensation has excluded the cost of a claim from an employer’s experience if the employer could establish that the claim resulted from a non-at-fault...more

Bricker Graydon LLP

BWC subrogation: Motor vehicle accidents

Bricker Graydon LLP on

Effective September 13, 2018, a change in Ohio workers’ compensation laws permits employers to request subrogation for motor vehicle accidents where the at-fault, third-party is not issued a citation....more

White and Williams LLP

Texas Court of Appeals Confirms That, in Order to “Bring Suit” Within the Statute of Limitations Period, a Plaintiff Must Exercise...

In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint....more

Michigan Auto Law

The Risks of Older Drivers Using Medicare instead of Michigan No-Fault Auto Insurance

Michigan Auto Law on

By allowing seniors to opt out of No Fault for Medicare, SB 787 jeopardizes seniors’ medical and financial health after a car crash - It sounds good, at first. Allowing senior and elderly drivers to opt out of Michigan auto...more

Spilman Thomas & Battle, PLLC

Pay me once, pay me twice, pay me thrice?

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

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