subrogation News

Texting While Driving on the Rise Despite More Laws Banning it

It’s going to be a banner year for trial lawyers and a tough year for auto insurers. More than 3,000 people are killed on U.S. roads every year in distracted driving crashes, and the use of cellphones while driving has …

The Cost of Subrogation Procrastination

Delays in Referring File to Subrogation Counsel Can Be Expensive In July 2017, we published a somewhat controversial article in the Claims Journal,Ten Subrogation Mistakes Insurance Companies Keep Making. Thirty-four years of subrogation litigation experience had distilled ten of the …

Equitable Subrogation/Contribution Among Coinsurers and Duct Tape

Why You Can’t Have One Without the Other It is difficult to think of two legal concepts that have caused more confusion and headache for both courts and litigants than have contribution and subrogation. Fireman’s Fund Ins. Co. v. Maryland …

Owner Liability For Damage Caused By Stolen Vehicles

A vehicle slams into a group of vehicles stopped at a red light, only to quickly drive away from the scene. This fact scenario almost always involves operating under the influence or a stolen vehicle. In the case of a …

Claims Journal’s Top 10 Contributed Articles in 2017

Insurance industry experts offered unique analysis and perspective throughout the year on a range of article topics, including machine learning, easing return to work and contents claims handling. The top contributed Claims Journal articles this year tackle subjects, like improving …

Early Consideration Key to Successful Subrogation After Catastrophe Losses

Subrogation should be considered immediately, even after a catastrophe loss. This was the takeaway during a recent webinar presented by national law firm Cozen O’Conner. Thaddeus Baria, an Chicago-based associate in the firm’s Subrogation and Recovery Practice Group, explained that …

Subrogating Against Suicide

Your insured’s eighteen-wheeler is struck head-on by another vehicle travelling at a high rate of speed, resulting in significant medical expenses to your insured driver and a passenger, as well as considerable property damage to your insured’s vehicle. The tortfeasor …

Seat Belt Defense In All 50 States

Subrogation professionals must become familiar with an increasingly used defense in the litigation of auto insurance subrogation cases. Even if the insured is totally free from fault in the operation of the insured’s auto, not wearing a seat belt could …

Selfies Add to Museum Hazards

Museum visitors snapping selfies are driving a spike in accidents that are putting exhibits at risk, according to Linda Sandell, senior vice president and chief underwriting officer with Huntington T. Block, a fine art insurance broker based in Washington D.C. …

Imputed Contributory Negligence: Maximizing Auto Property Subrogation When Permissive User Driving

Effective auto property subrogation may seem simple, but it often requires a thorough understanding of some of the more confusing legal concepts known to American civil jurisprudence. When your insured (owner of a vehicle) entrusts his or her vehicle to …