subrogation

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Latest blogosphere posts tagged “subrogation”

  • Subrogation: The Solution to the Economic Crisis?


    Passion for SubroAuthority Authority: 136
    Boris Senic is the Senior Claims Auditor and Never Events Specialist at the Phia Group. In his 7th year of employment, he has decided to share his views on the industry’s hardships and tries to offer some words of advice on how to approach these tough economic times.The unemployment rate in our country is the [...]
    1 week ago
  • Court Takes Strict Approach In Reading Subrogation Provision


    Passion for SubroAuthority Authority: 136
    Plan’s subrogation and reimbursement language may actually thwart their ability to recover from tort settlement proceeds benefits they paid. It is important for plan language to ensure that its recovery claim is limited to settlement proceeds. In one such case, a health plan did not identify a particular fund from ...
    1 week ago
  • The Longaberger Co. v. Kolt


    Passion for SubroAuthority Authority: 136
    Please see the following 6th Circuit Decision brought to our attention by Daran P. Keifer, Esq. of Kreiner & Peters Co. L.P.A.  The decision highlights that funds do not need to be maintained in order for a plan to seek reimbursement and that the Plaintiff attorney is personally liable for the percentage of ...
    1 week ago
  • Medicare Secondaty Payer Act


    South Carolina Nursing Home BlogAuthority Authority: 426
    Mother Jones had an article explaining the practical problems with the Medicare Secondary Payer Act which allows the government to take money from settlements of victims of neglect and abuse. In 1995, Sumaya Coury was driving her 81-year-old mother, Mollie Coury, back to Los Angeles after a trip to San Diego to ...
    1 week ago
  • Medicare Secondary Payer Act


    South Carolina Nursing Home BlogAuthority Authority: 426
    Mother Jones had an article explaining the practical problems with the Medicare Secondary Payer Act which allows the government to take money from settlements of victims of neglect and abuse. In 1995, Sumaya Coury was driving her 81-year-old mother, Mollie Coury, back to Los Angeles after a trip to San Diego to ...
    1 week ago
  • Anti Subrogation Proposals and Statutes


    Passion for SubroAuthority Authority: 136
    The struggle over subrogation rights have been affecting more and more insurance entities as several states have been reviewing and passing bills to limit or ban subrogation completely. See below to acquire the specifics on each state’s latest subrogation reports:
    1 week ago
  • Hawaii


    Passion for SubroAuthority Authority: 136
    In 2009, several medical malpractice tort reform bills were introduced to eliminate subrogation rights for all types of lines, including workers’ compensation, health and disability.
    1 week ago
  • New York


    Passion for SubroAuthority Authority: 136
    An anti-subrogation bill attempting to bar subrogation claims related to personal injury is still pending and expected to be seen again in New York’s next legislative session.
    1 week ago
  • Texas


    Passion for SubroAuthority Authority: 136
    Texas House Bill 4095 seeks to limit group health and accident plan subrogation rights. Specifically:(1) subordinate an insurer’s subrogation rights to its insured’s right to recovery;(2) mandate an insurer share in the legal expenses to the same extent the insurer shared in the insured’s recovery;(3) deny an ...
    1 week ago
  • Oregon


    Passion for SubroAuthority Authority: 136
    Oregon examined a bill that reduced PIP recoveries by limiting them to only when the amount recovered exceeds “damages” as opposed to “economic damages”.
    1 week ago
  • Nevada


    Passion for SubroAuthority Authority: 136
    Nevada introduced Senate Bill 388 seeking to prohibit subrogation rights for health plans until the injured party is fully compensated or “made-whole”.
    1 week ago
  • New York State Legislature Passes New Anti-Subrogation Law


    Coverage CounselAuthority Authority: 468
    On November 10, 2009, both the New York State Senate and Assembly passed Senate Bill S66002 , as substituted for Assembly Bill A40002 .  The bill was delivered to Governor Paterson and is expected to be signed. Comprising six separate parts, A through F, the bill is self-described as: AN ACT to amend the ...
    2 weeks ago
  • NY Anti Subro Bill


    Passion for SubroAuthority Authority: 136
    New York took the drastic step yesterday of passing a law that eliminates subrogation and reimbursement rights for numerous lines of business. Last night the New York Assembly and Senate passed the anti-subrogation bill. Although the bill was passed by both chambers, they are technically awaiting on the governor’s ...
    2 weeks ago
  • Thoughts About Subrogation


    Day On TortsAuthority Authority: 127
    A defense lawyer and I were having a drink the other day and he told me that from time to time he has difficulty getting cases settled at mediation because plaintiffs lawyers dont have information about subrogation interests.  Here are some tips to avoid such problems: At the initial client meeting, as you help you ...
    2 weeks ago
  • Stuff Happens -- Subrogation Claim for Damages from Toilet Overflow Dismissed


    Coverage CounselAuthority Authority: 468
    SUBROGATION – RES IPSA LOQUITUR – LIABILITY FOR NEGLIGENCE OF INDEPENDENT CONTRACTOR American Guar. & Liab. Ins. Co. v. Federicos Salon, Inc. (1st Dept., decided 10/15/2009) As the bumper sticker says, stuff happens.  Plaintiff insurer brought this subrogation action for property damage resulting ...
    3 weeks ago
  • Latest News on the Anti-Subrogation Amendment


    Passion for SubroAuthority Authority: 136
    The Barrow anti-subrogation amendment was definitely not included in the final bill. Barrow is inclined to move forward with a stand alone bill unless they can be convinced otherwise.
    3 weeks ago
  • Letter Received From Congressman John Oliver


    Passion for SubroAuthority Authority: 136
    Dear Adam:Thank you for contacting me regarding the movement towards true health insurance reform. I appreciate hearing from you.Our current system is failing our citizens. Our states are struggling under the weight of increasing unemployment and healthcare costs. States, which currently spend over 20 percent of their ...
    4 weeks ago

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