A lien is a legal claim that a creditor has on a property or asset of a debtor. Some common types of liens that we work in subrogation are a judgment lien, mechanics lien, and a mortgage lien.
Admissibility of Police Reports
A police report is inadmissible (aka hearsay) unless it meets one of the exceptions enumerated in the rules of evidence. Let's discuss what that means referencing automobile accidents, as most car accidents that end up in litigation are disputed liability.
Assumption of the Risk
Assumption of the risk is a common defense by recreation providers to negligence lawsuits involving all-terrain vehicles (ATV) where the rider is willingly taking a chance in a potentially dangerous situation.
Recreational User Statute
Ohio’s Recreational User Statute, codified in Ohio Revised Code section 1533.181, provides immunity to landowners who permit others to hunt, fish, snowmobile, or conduct other recreational activities on their property.
Further Examination of the Made Whole Doctrine
An insurance policy may avoid the application of the Made Whole Doctrine only by including language that is clear in establishing both a priority to the funds recovered and a right to any full or partial recovery.
SR-22 Bonds and Recovering Payments
In situations where a policy exclusion may apply, but payment has to be made due to the SR-22 bond, an insurer can seek reimbursement from its insured.
Early Retention Leads to Timely and Successful Outcome
The early retention of and trust placed in Keis George by the subrogated insurance company was critical in completing a timely investigation and securing the evidence necessary for a successful resolution, while preventing lengthy and expensive litigation.
What is Workers’ Compensation Subrogation
The purpose of workers' compensation is to ensure that employees are not left to bear the financial burden of workplace injuries or illnesses. This includes covering the cost of medical treatment, as well as providing compensation for lost wages and other expenses related to the injury or illness.
What is the Waiver of Subrogation Provision?
A waiver of subrogation clause is a contractual provision, which prohibits an insurance carrier from recovering monies they paid on a claim due to the negligence of a third party. This occurs when the insurance carrier's insured waives the right to recover any monies against the other party. A waiver...
What Is a Political Subdivision
A political subdivision is a local government entity created by the state to achieve its obligations. Still, the general rule for the definition is broad and includes every political body responsible for governmental activities in a geographic area smaller than that of the state. Examples include cities, counties, villages, towns,...