Road to Recovery

Subrogating Court-Ordered Criminal Restitution

The recent riots in Ferguson, Miss., have resulted in property damage in excess of $5 million, and the total is climbing. However, these riots don’t even come close to the $1.2 billion in damages during the costliest civil disorder in …

Indiana Announces Subrogation-Friendly Rule

When Landlord’s Carrier Seeks Recovery Against Negligent Tenant An Indiana Court of Appeals decision issued on October 28, 2014 changes the landscape of landlord/tenant subrogation in the Hoosier State. For years, Indiana allowed an insurer to bring a subrogation claim …

7,540 Reasons to Include Your Insured’s Deductible in Your Subrogation Claim

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make …

Illinois Legislature Outsmarts Illinois Court of Appeals

Governor Signs Amendment to § 143.24d Making Arbitration of Small Auto Property Claims Mandatory But Not Binding In 2013, Illinois enacted a new statute requiring the mandatory arbitration of collision subrogation claims involving less than $2,500. The new § 143.24d …

Recovery of Allocated Loss Adjustment Expenses in Property Subrogation Cases

Subrogating For More Than Your Insured’s Property Damage Property insurers along all lines could simplify their business practices and lower their overhead considerably by simply paying any and all property damages, claims, expenses and consequential damages alleged to have been …

Big Brother’s Eye in the Sky: Use of Red-Light Cameras in Accident Litigation

Intersection accidents represent a disproportionate share of vehicle crashes and, therefore, a disproportionate share of litigated cases. Credible witnesses are the key to winning cases, but credible witnesses are rare, can be cross-examined, and are often reluctant to cooperate. The …

Funeral Processions and the Right-of-Way

On June 16, 2014, a Virginia man was pulled over by the police for running a red light while driving in a funeral procession. As a result, R.G. Spinner missed his great-grandmother’s burial. The Alexandria police officer pulled behind Spinner …

Does Automobile Insurance Follow the Car or the Driver?

There are a few questions in life that are more confusing than their answers. The blanket query into whether or not insurance follows the car or the driver in a particular jurisdiction is such a question – one we see …

Fed to Require Speed Limiters on Trucks

The Department of Transportation (DOT) is about to mandate the use of speed limiters – also known as Electronic Control Modules (ECM) – on certain trucks traveling U.S. highways. The department’s March 2014 “Report of Significant Rulemaking” states that this …

You Break It, You Buy It: Understanding Anti-Indemnity Statutes

The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences. As adults engaging in commerce, we …

Road to Recovery Archives by Month