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Monthly Archives: March 2017

Indiana Med Pay Subrogation Statute

The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured’s attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit. The statute requires the insured’s carrier pay the insured’s attorney “the insurer’s pro rata share of the reasonable and necessary costs… Read More »

Bar to Subrogation Claims Against Political Subdivisions

Buried in one of the Ohio Revised Code sections dealing with what is commonly referred to as “collateral benefits” is a bar to subrogation claims against political subdivisions. To recover damages for injury, death, or loss to person or property caused by an act or omission in connection with a government or proprietary function, Ohio Revised Code 2744.05(B)(1) provides that in an action against a political subdivision…

Consumer Product Safety Commission Recalls

As we are seeing more cases of property damage as a direct result of a defective product, missed subrogation files can affect your bottom line. As the insured wants to get back into their home as quickly as possible and begin restoration, it is the property adjuster’s responsibility to launch a comprehensive investigation and contact… Read More »

The Right to Contribution

Ohio law gives rise to two rights of contribution for an insurer: (1) from a joint tortfeasor, pursuant to Ohio Revised Code Section 2307.25; and (2) from a coinsurer or concurrent insurer who provides coverage for the same loss. The right to contribution from a coinsurer or concurrent insurer is recognized in both statute and… Read More »

Ariel M. Lipsky Featured in CMBA Bar Journal

The Cleveland Metropolitan Bar Association recently featured Ariel M. Lipsky, attorney at Keis George, in the Bar Journal. Lipsky is a member of Keis George’s property subrogation practice, and is known for her practical and detail-oriented approach to all matters. Readers were especially interested to learn of her love for animals and commitment to philanthropic… Read More »