Chris Konzelmann, Partner, hosts the newest episode of the Subro Sessions podcast entitled: “Pursuing Claims Against Minors and Their Parents.” In this episode, Chris revisits a case and discusses the problems that may arise when subrogation efforts are targeted towards children and their parents and whether either can be held responsible for tort claims.
Author Archives: subrostrat
Help Me Help You – How Working With Claimant’s Counsel Can Maximize Your Lien Recovery – “Part 3 – The War Story: Successes and Failures”
Listen to the newest episode of the Subro Sessions podcast, available now! Join Brett Tishler and Michael Abed for the third installment of their three-part series, “Help Me Help You – How Working With Claimant’s Counsel Can Maximize Your Lien Recovery.”
Part 3 of the series is entitled: The War Story: Successes and Failures. In Part 3, Brett and Mike discuss some war stories to help show how working with claimant’s counsel can maximize an insurer’s lien recovery.
Help Me Help You – How Working With Claimant’s Counsel Can Maximize Your Lien Recovery – “Part 2: The Investigation”
This is the second part of the three-part series entitled “Help Me Help You – How Working With Claimant’s Counsel Can Maximize Your Lien Recovery.”
In “Part 2: The Investigation,” Partner Brett Tishler and Associate Michael Abed take a deeper dive into the crucial steps that subrogation professionals execute immediately after a workers’ compensation third party claim is filed. Some of the topics covered in this episode include, gathering facts from the insured/employer, talking to witnesses, gaining access to the premises and gathering information about the machine that caused the injury to boost lien recovery.
Mark your calendar to listen to Brett and Michael for “Part 3 – The War Story: Successes and Failures” on Tuesday, April 18th!
Help Me Help You – How Working With Claimant’s Counsel Can Maximize Your Lien Recovery; “Part One: We Are the Necessary Evil”
In the most recent episode of the Subro Sessions Podcast, Brett Tishler and Michael Abed of the Subrogation Department discuss workers’ compensation subrogation, what it is and why helping the injured worker’s counsel pursue a third party claim can maximize your lien recovery.
Samsung Recalls Top-Load Washing Machines Due to Fire Hazard
In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On December 22, 2022, the CPSC announced the following recall related to a product that presents a fire hazard:
Samsung Recalls Top-Load Washing Machines Due to Fire Hazard; Software Repair Available.
According to the CPSC’s website, “[t]he washing machines can short-circuit and overheat, posing a fire hazard.”
Product images from the CPSC website are set forth below:
Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord
In J&J Fish on Ctr. Str., Inc. v. Crum & Forster Specialty Ins. Co., No. 20-cv-644-bhl, 2022 U.S. Dist. LEXIS 16361, the United States District Court for the Eastern District of Wisconsin (District Court) recognized that “[t]here will be no further fish fries on Center Street until someone pays to repair the collapsed floor at J&J Fish on Center Street, Inc. (J&J Fish).” The contenders were: 1) J&J Fish; 2) its’ insurer, Crum & Forster Specialty Insurance Company (Insurer); and 3) J&J Fish’s landlord, Vision Land, LLC (Vision). Recognizing Insurer’s right to subrogate against Vision based on the terms of the parties’ lease, the District Court held Insurer owed J&J Fish coverage for the losses it sustained, but that Insurer could subrogate against Vision for anything it had to pay J&J Fish.
ADCO Recalls Candles Due To Fire and Burn Hazards
In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On December 2, 2020, the CPSC announced the following recall related to a product that presents a fire hazard:
ADCO Recalls Candles Due to Fire and Burn Hazards; Sold Exclusively at Dollar Tree.
According to the CPSC, “[t]he candles’ high flames can ignite the surface of the wax or cause the glass to break, posing fire and burn hazards.”