Download or read book Personal Injury Subrogation Handbook written by Timothy A. Shollenberger and published by . This book was released on 2004 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Personal Injury Subrogation Handbook written by Timothy A. Shollenberter and published by . This book was released on 2002 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pennsylvania Personal Injury Subrogation Handbook written by Timothy A. Shollenberger and published by . This book was released on 2001 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Personal Injury Subrogation Handbook written by Timothy A. Shollenberger and published by . This book was released on 2009 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Pennsylvania Personal Injury Forms written by Joel Feldman and published by Alm Media, LLC. This book was released on 2009-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you have a personal injury case in PA, this book is a must-have. It is the only forms book that concentrates on the 10 most litigious counties in Pennsylvania. Contains hundreds of pages of forms and information you will need to prosecute your case from beginning to end. Topics include Medical Malpractice, Workers' Compensation, Construction Site Accidents, Dram Shop Cases, and more. Forms include new client intake forms, sample motions, sample arbitration forms, sample trial documents, and more.
Download or read book Pennsylvania Trial Guide written by Stephen M. Feldman and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pennsylvania Damages in Personal Injury Cases written by Glenn Troutman and published by . This book was released on 1997 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pennsylvania Personal Injury Evidence written by Lee C. Swartz and published by . This book was released on 1990 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bad Faith in Pennsylvania written by Clifford Rieders and published by Createspace Independent Publishing Platform. This book was released on 2015-07-10 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of insurance bad faith in Pennsylvania. Cliff Rieders' book discusses the Pennsylvania statutes creating a cause of action for insurance bad faith, and various scenarios where such insurance bad faith claims can arise, including on underinsurance motorist claims, as well as the types of damages that are available for bad faith. In addition, this book contains an up to date discussion of relevant case law concerning insurance bad faith in Pennsylvania.
Download or read book Pennsylvania Damages Personal Injury Verdicts written by Glenn A. Troutman and published by . This book was released on 1969 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Download or read book Handbook on Insurance Coverage Disputes 20th Edition written by Ostrager, Newman and published by Wolters Kluwer Law & Business. This book was released on 2020-11-13 with total page 2726 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook on Insurance Coverage Disputes has been in a constant state of development and expansion since its original publication in 1988. The continuously evolving scope and content of the Handbook reflects the thousands of decisions rendered by courts on insurance coverage issues over the past quarter century. Since its initial publication, the Handbook has been cited in more than 350 court opinions. The Twentieth Edition of the Handbook reflects numerous recent developments, trends and emerging issues in insurance law across a variety of substantive topics. Noteworthy new cases and in-depth case law analyses have been included in this new updated edition of the Handbook. Additionally, important changes in jurisdictional law on several topics of insurance and reinsurance law are reflected in this edition. Note: Online subscriptions are for three-month periods. Previous Edition: Handbook on Insurance Coverage Disputes, Nineteenth Edition, ISBN 9781454879824
Download or read book Handbook on Insurance Coverage Disputes written by Barry R. Ostrager and published by Wolters Kluwer. This book was released on 2014-12-01 with total page 2814 pages. Available in PDF, EPUB and Kindle. Book excerpt: In todayand’s insurance coverage litigation environment, the practitioner who needs to determine what isand—and is notand—covered under various policy provisions is up against some formidable challenges. Literally thousands of cases on insurance issues find their way into courtrooms every year, and the decisions can be as difficult to decipher as they are to track. Find the authoritative guidance you need with Ostrager and Newmanand’s Handbook on Insurance Coverage Disputes. This three-volume resource helps you quickly and easily pinpoint detailed analysis of lead cases in key jurisdictions, provides excerpts from standard insurance policies, including critical commentary on key provisions, and offers insights into planning and implementation of successful litigation strategies. Ostrager and Newmanand’s Handbook on Insurance Coverage Disputes, Seventeenth Edition addresses todayand’s critical coverage issues, such as: The Insurerand’s Duty to Defend Trigger and Scope of Occurrence-Based Coverage Bad Faith and Wrongful Refusal to Settle Property Insurance Rights and Obligations of Co-Insurers Insurability of Punitive Damages Excess Insurance and Analysis of Pollution Exclusions Directors and Officers Coverage Employee Discrimination and Sexual Harassment Claims Make the Handbook on Insurance Coverage Disputes your one-stop source for the current state of the law on: The effect of a reservation of rights letter...disclaimer and denials of coverage The rules governing all aspects of giving notice of a claim including mechanics of language and timelines Effect of misrepresentations and omissions in insurance applications Reverse bad faith and contributory bad faith Reinsurance The legal issues presented in litigation involving hazardous waste and environmental cleanup Coverage provided by general liability insurance, including personal injury and advertising injury coverage Rules for apportioning the cost of defense among insurers
Download or read book Handbook on Erisa Litigation written by James F. Jorden and published by Wolters Kluwer. This book was released on 2015-12-15 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!
Download or read book Handbook on Insurance Coverage Disputes 19th Edition written by Ostrager, Newman and published by Wolters Kluwer. This book was released on 2018-12-15 with total page 2642 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook on Insurance Coverage Disputes
Download or read book Handbook on Insurance Coverage Disputes written by Barry R. Ostrager and published by Wolters Kluwer. This book was released on 1989 with total page 2892 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Insurance Guide and Hand book written by and published by . This book was released on 1922 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
