These articles are listed alphabetically by date. If you would like to search them by topic, please use the search engine located on the right top area of our website.

May 3, 2005

• WORKER'S COMPENSATION SUBROGATION LEGAL UPDATE: KANSAS ENACTS NEW LEGISLATION THAT PROTECTS WORKER'S COMPENSATION CARRIERS’ RECOVERY RIGHTS.

October 6, 2004

• PENNSYLVANIA APPELLATE COURT CHANGES DIRECTION ON VALUATION AND TREATMENT OF THIRD PARTY STRUCTURED SETTLEMENTS

July 7, 2004

• LAWSUIT AGAINST ESTATE OF DECEASED SUBROGATION TARGET SERVES AS SPRINGBOARD FOR REVIEW OF SPECIAL STATUTE OF LIMITATIONS FOR CLAIMS AGAINST DECEDENTS’ ESTATES
• VIRGINIA COURT OF APPEALS: AGREEMENT TO COMPROMISE CARRIER’S LIEN DOES NOT PREVENT CARRIER FROM CLAIMING A FUTURE CREDIT

June 24, 2004

• ALABAMA SUPREME COURT HOLDS THAT FUNDS PAID BY INSURANCE GUARANTY ASSOCIATION TO INJURED WORKER ARE SUBJECT TO EMPLOYER’S RIGHT TO REIMBURSEMENT AND FUTURE CREDITS
• FOLLOWUP: 10TH CIRCUIT DECISION BARRING EXPERT TESTIMONY REGARDING PYROLYSIS AS A CONTRIBUTING FACTOR TO FIRE CAUSE AND ORIGIN REVISITED

June 8, 2004

• SOUTH DAKOTA SUPREME COURT ADDRESSES LIABILITY INSURER'S DUTY NOT TO KNOWINGLY CAUSE OR FURTHER A THIRD-PARTY CLAIMANT'S MISUNDERSTANDING OF THE LIABILITY POLICY LIMITS TO HER DETRIMENT
• THREE RECENT DECISIONS PERMIT SUBROGATION CLAIMS AGAINST RELIANCE INSURANCE COMPANY INSUREDS DESPITE GUARANTY ASSOCIATION SUBROGATION PROTECTIONS

May 5, 2004

• ILLINOIS APPELLATE COURT FINDS THAT COMPARATIVE NEGLIGENCE MAY LIMIT CLAIM OF SUBROGEE OF MUNICIPALITY DESPITE GOVERNMENTAL TORT IMMUNITY
• SPOLIATION OF EVIDENCE SANCTION ADDRESSED BY NEW YORK APPELLATE COURT WHERE PERTINENT DOCUMENTS DISCARDED BY DEFENDANT AFTER CLAIM WAS ASSERTED

April 28, 2004

• RECENT PRODUCT SAFETY RECALLS: April 28, 2004
• VIRGINIA LEGISLATURE ACTS TO PROTECT WORKERS’ COMPENSATION CARRIERS’ RECOVERY RIGHTS

April 23, 2004

• AWARD VACATED BY COURT FOR PROCEDURAL IMPROPRIETIES
• WORKERS’ COMPENSATION SUBROGATION PERMITTED AGAINST UM/UIM BENEFITS IN MONTANA

March 30, 2004

• SUBROGATION INTEREST WAIVED, CARRIER FAILED TO ACT WITH REASONABLE DILIGENCE TO IDENTIFY EXISTENCE OF LAWSUIT AGAINST THIRD-PARTY
• WISCONSIN SUPREME COURT TO REVIEW WHETHER A UIM CARRIER MUST ADVANCE MONIES OFFERED BY TORTFEASOR PERSONALLY TO PRESERVE ITS SUBROGATION CLAIM

March 24, 2004

• NEW HAMPSHIRE HIGH COURT: NO RECOVERY PERMITTED AGAINST NEGLIGENT RESIDENTIAL TENANT UNLESS EXPRESS LEASE LANGUAGE ALTERS INSURANCE RESPONSIBILITIES
• WORKERS COMPENSATION SUBROGATION LIEN COULD NOT BE EXTINGUISHED BY TRIAL COURT WHERE SETTLEMENT BETWEEN WORKER AND TORTFEASOR WAS CONTINGENT ON COURT EXTINGUISHING LIEN

March 18, 2004

• INSURED'S PERSONAL CLAIM IS DISMISSED BASED ON CARRIER'S EARLIER SETTLEMENT OF SUBROGATION CLAIM
• RECENT PRODUCT SAFETY RECALLS: March 18, 2004

March 9, 2004

• EXPERT TESTIMONY INVOLVING PYROLYSIS PRECLUDED UNDER DAUBERT STANDARDS: DECISION UPHELD BY FEDERAL APPELLATE COURT
• IOWA SUPREME COURT: IF SUBROGATION TARGET WAS AWARE OF SUBROGATION LIEN, TARGET NOT PROTECTED BY INSURED’S RELEASE
• NEW YORK HIGH COURT CONSIDERS SPOLIATION CAUSE OF ACTION; SUGGESTS BEST PRACTICES FOR THIRD-PARTY EVIDENCE PRESERVATION

March 1, 2004

• DELAWARE COURT APPLIES HOME OWNERS PROTECTION ACT TO ALLOW TORT CLAIMS AGAINST BUILDING MATERIAL SUPPLIER
• MICHIGAN APPELLATE COURT DISMISSES PRODUCTS LIABILITY SUBROGATION CLAIM AGAINST PRODUCT SELLER BASED ON RESTRICTIVE PRODUCTS LIABILITY STATUTE