News & Analysis as of

Subrogation

The Rule of Sevens: Evaluating Claims Involving a Child

As subrogation professionals, we may be tasked with evaluating property loss claims where a child caused or contributed to the property damage. For example, is a child playing with matches or a lighter liable for a fire...more

Defence & Indemnity - August 2017: V. SURETY AND BOND ISSUES: Manitoba Housing and Renewal Corp. v. Able Eavestroughing Ltd., 2017...

by Field Law on

V. SURETY AND BOND ISSUES - A. Manitoba Court of Queen’s Bench finds CRA entitled to priority to “earned but unpaid” contract funds held by obligee (over the surety who had paid out labour and material payment bond claims...more

Twin City Fire Ins. Co. v. Leija - Workers’ Compenstation Insurer’s Subrogation Lien on Settlement Proceeds Can Be Reduced by...

An injured worker who accepts workers’ compensation cannot sue his employer. If the worker obtains settlement funds from a third party, the workers’ compensation carrier may obtain a lien on that recovery to the extent of the...more

Subrogation Opportunities in Latin America

by Zelle LLP on

Subrogation is the process by which an insurance company seeks to recover, from a third party responsible for a loss, the money it paid to the policyholder as a result of the loss. In Latin America, subrogation claims are...more

The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health...

Mull v. Motion Picture Ind. Health Plan educates employers on the basics of the requirements of the Employee Retirement Income Security Act (ERISA) governing plan documents and summary plan descriptions. The lessons are...more

The ABC's of ACV in Subrogation Claims

Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages demanded, and contend that they only owe “Actual Cash...more

The Supreme Court Gets “Specific” on Jurisdiction

by Cozen O'Connor on

For the second time in the last three years, the U.S. Supreme Court has addressed the constitutional limits of a court’s ability to exercise jurisdiction over a defendant. The 14th Amendment limits the personal jurisdiction...more

Subrogation Following a Hurricane is All Hands on Deck

Hurricane season began June 1st, and runs through November 30th. However, we are about 30 days from approaching the peak of hurricane season, when the season becomes its most active. Weather predictors are predicting an...more

Defence & Indemnity - June 2017 : Insurance Issues B. Stairs v. CFM Corp., 2017 NBCA 8 [4226]

by Field Law on

I. INSURANCE ISSUES B. In Alberta an insured’s settlement with a third party which releases the third party does not preclude the insured’s insurer from pursuing a subrogated claim against the third party. Elsewhere in...more

United States Fifth Circuit Confirms Remedies Available to Subrogated Insurer

by Liskow & Lewis on

On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. Scottsdale Insurance Company, held that, under Texas law, the subrogation clause of an insurance agreement...more

Statutory Parental Liability For Acts Of Minor Children

by Cozen O'Connor on

Statutory Parental Liability For Acts Of Minor Children [Jurisdictions Comparative Chart] - ALABAMA - Parents, guardian, or other person having care or control over minor liable for all damages caused by the intentional...more

Fifth Circuit Enforces Reimbursement Provision in One-Page Welfare Plan

The Fifth Circuit upheld the reimbursement and subrogation terms found in a welfare benefit plan’s one-page SPD that also served as the plan document. Plaintiff, a plan beneficiary, received $71,644.77 from the plan to cover...more

Insurer fails to ensure it can recover losses from an insured employee

by Dentons on

Employees have an implied duty of care toward their employers to exercise reasonable care and skill when performing their duties. Where employees fail to act in this way, and it leads to a breach of contract, employers will...more

Subrogation Against Parents for Actions of Their Children

by Cozen O'Connor on

Can parents be held responsible for property damage caused by their children? Almost every state in the country has adopted some form of a parental liability statute, which forms the legal basis for holding parents...more

Power to Calculate A Lien: What Court Has Jurisdiction to Determine a Subrogation Lien?

In Murray v. Moody, 797 S.E.2d 365 (N.C. Ct. App. 2017), a Wilson County Superior Court entered an “Amended Final Judgment” expressly provided judgment for a lien on damages that a jury awarded in a civil suit in favor of the...more

FEHBA Insurers Prevail on Subrogation and Reimbursement Rights

by McGuireWoods LLP on

The U.S. Supreme Court on April 18 unanimously held that insurance carriers operating under the Federal Employees Health Benefits Act (FEHBA) may assert subrogation and reimbursement rights, pursuant to their Office of...more

Recovery of Medical Bills: Once Is Enough

by Faegre Baker Daniels on

Strange as it sounds, Missouri state law allowed federal workers to recover medical bills twice: once under their federal health insurance plan and again from the person (or person’s insurer) responsible for their injuries. ...more

The Supreme Court - April 18, 2017

by Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

by Cozen O'Connor on

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers....more

The Illinois Supreme Court Opens Door to Claims Against Government Entities for Flood Losses

by Cozen O'Connor on

Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding because they enjoy immunity from tort claims. So, for...more

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

by Cozen O'Connor on

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

[Webinar] 28th Annual Employee Benefits Seminar - September 21st, 8:20am Central / 9:20am Eastern

by Locke Lord LLP on

Program Highlights Please join the Locke Lord Employee Benefits and Executive Compensation Group for our 28th annual employee benefits seminar via webinar.  Our attorneys will provide an overview of current developments...more

Eleventh Circuit Finds Insurer Liable for Medicare Lien Notwithstanding Insurer's Efforts to Satisfy the Lien in Settlement, also...

In a case with far-reaching implications, the Eleventh Circuit Court of Appeals issued an opinion concluding that the Medicare Secondary Payer Act (MSP) permits a private insurance company/PART C Medicare Advantage...more

Assignment v. Subrogation — Prosecuting Recovery Actions Arising from Personal Injury Claims

by Cozen O'Connor on

It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor...more

Where Does a Third Party “Stand” on Liens?

Dion v. William Robert Batten, Sr. (8/2/16) Facts and Procedural History: Plaintiff was employed by Neuwirth as a servicing agent. In the course and scope of his employment with Neuwirth, he was involved in a car...more

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