Nationwide Insurance Subrogation

Click on a state for a summary of that state’s laws affecting or impacting subrogation recoveries.

MISSOURI’S ANTI-SUBROGATION POLICIES HAVE THEIR LIMITS Megown v. Auto Club Fam. Ins. Co., 2024 WL 675550 (Mo. App. 2024)

In December we reported on the anti-subrogation climate in Missouri and the Court of Appeals decision in Thomas v. Ramushi, which held that, absent a “direct assignment”, an insurer has no authority to seek a property subrogation payment from the…

PENNSYLVANIA COMP CARRIER RECOVERS FULL LIEN AFTER ADVISING PLAINTIFF’S COUNSEL THAT LIEN WAS MUCH SMALLER: Janelle Newsome, Petitioner v. City of Philadelphia (Workers’ Comp. Appeal Bd.), Respondent, 2024 WL 3406202 (Pa. Commw. 2024).

In a rare example of how strong a workers’ compensation statutory lien can be, a Pennsylvania appellate court affirmed a ruling by a Workers’ Compensation Judge (affirmed by the Workers’ Compensation Appeal Board (WCAB)) in which a workers’ compensation carrier…

DELAWARE COURT SAYS IT IS NOT BAD FAITH IF CARRIER CHOOSES NOT TO SUBROGATE Patel v. State Farm, 2024 WL 3425787 (Del. Super. 2024)

A Delaware court has thrown a small blanket of precedent over the smoldering embers of claims by some insureds with large deductibles that their insurance company is guilty of bad faith if it does not attempt to subrogate and recover…

THE FUTURE OF AUTO SUBROGATION IS HERE: Pursuing Claims Involving Automated Driving Systems

We are still years away from full implementation of true self-driving cars in the U.S., but each step we take dramatically complicates and changes the face of auto claims handling, vehicle repairs, and subrogation litigation. When catastrophic claims are paid…

We Wrote The Book On Subrogation!

Subrogating Livestock/Vehicle Collisions

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