Insurance Litigation, Car Accident, Subrogation

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

Husch Blackwell LLP on 8/28/2025

In an unpublished decision, the Wisconsin Court of Appeals recently addressed the interplay between contractual and statutory subrogation rights in the context of out-of-state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

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

White and Williams LLP on 6/3/2021

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

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

Butler Weihmuller Katz Craig LLP on 5/29/2020

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

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

White and Williams LLP on 3/10/2020

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

Insured Made Whole After Subrogation Recovery

Cozen O'Connor on 7/11/2019

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

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

White and Williams LLP on 5/9/2018

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