imho
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No topic gets more attention at our office than Risk Transfer /.Additional Insured Provisions / Waivers of Subrogation etc.We've written on here alot about the topic and there are a lot of other good resources on the internet. Some of our blogs on the topics of Additional Insureds and Waiver of Subrogation can be found here:
I recently read a newsworthy article from the National Workers' Compensation Defense Network by Robert F. Horn, Esquire.In a nutshell, the article desribes a recent Peennsylvania Supreme Court decision that seems to restrict the Employer's rights of Subrogation against a negligent party where the employee has no interest in participating in the recovery action.The full article can be found HERE. The actual question asked in the 'Domtar' case was this: "Does Section 319 of the Pennsylvania Workers' Compensation Act, 77 P.S. § 671, allow an employer/insurer to step into the shoes of an injured employee to subrogate against the negligent tortfeasor causing the injuries resulting in the payment of workers' compensation benefits?"IMHO, the implication of the ruling serves to limit the independent rights of the Employer to recover costs associated with a Workers' Compensation claim that impact their Workers' Comp Experience Mod (XMod) and therefore the employer's long-term Workers' Compensation costs.The court was not unanimous on their position and I sense that the judges that chimed in with the minority opinion actually got it right.
This year marks 170 years of service to our community since our humble start in 1849.I don't feel that old, but I remember well when our letterhead said proudly at the bottom "Quality Insurance in Every Line Since Eighteen-hundred and Forty-nine"
This past year, it seemed like just about every week there was a new headline about some serious privacy breach, intentional or otherwise, occurring at a major organization. With the increasing popularity of technologies, from genetic testing to health tracking apps and electronic payment services, we're putting more of our important personal information online, and we have less and less understanding of what's being done with that information or how to keep it safe. Here are a few important takeaways from the year in digital privacy, and a few things you can do to make your information safer this year.
There is an old adage that goes like this: "A Man is only as Good as his word".It implies that the integrity of a man or woman is the most important thing in a relationship.It also implies that if the other party has integrity having 'his word' is probably enough and also implies that there is no need for a formal contract.That relationship can be personal, professional, peer-to-peer, buyer-seller, etc. and can often involve parties that have different levels of control over a situation.A decade or two ago no one knew what a 'pre-nup' was; warning labels on consumer products were much simpler; local attorneys didn't advertise on TV; and there seemed to be more trust in both people and systems.Those days are gone and may never return.One by-product of this is contracts are everywhere - from EULA agreements that dictate internet terms to the small print on the back of your garbage service 'contract' to signs posted everywhere declaring 'Not Responsible for Damage or Loss'... it's hard to go through an hour of a day without having to check "I AGREE" on some document somewhere.
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