There was a time when insurance companies, third-party adjusting companies, and subrogation vendors all chose subrogation counsel solely based on their expertise and the subrogation results they could produce.

Moreover, the appellate court's opinion includes a statement that should give pause to any carrier that wants to recover through subrogation the full cost of Paradigm's fee or any other medical management fees.

The high court, ruling 3-2, found that the subrogation waiver was not an "unenforceable exulpatory contract" that runs contrary to Wisconsin public policy.

Rural Mutual specifically argued that that statute voids the subrogation waiver found in the construction contract between Lester Building and Jim Herman.

The Court of Appeals has said that section 41(b) prohibits subrogation when two different policies, owned by two different persons but provided by the same company, are implicated in the same loss.

However, there's been a "slow but steadily growing" recognition by insurers over the past several decades that subrogation is very important from an economic, loss control and customer relation perspective, he said.

The fire insurance carrier's claim is called subrogation, allowing an insurer paying a claim to step into the shoes of the party on whose behalf the claim is paid.

Board members contended that even though clients would pay higher fees, in the end they would get more money because of the reduction in lien and subrogation payments.

B Section 433, Recoupment and Equitable Subrogation

Like all rights the right of subrogation can be waived.

The company drives costs savings to insurance carriers by reducing exposure to fraudulent claims and favorably influencing subrogation outcomes.

This paper examines the extent to which the idea of real subrogation can be used to protect the trust patrimony.