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Posts Tagged ‘Subrogation’

Florida Bar Lien Resolution Outsourcing Proposed Rule Released

Monday, June 28th, 2010

There has been some concern and questions regarding the outsourcing of lien resolution and the ability to pass along those costs to the client.  There were also questions regarding cases where another lawyer handles a lien resolution issue on a reverse contingency and how fees could be charged.  The bar formed a committee to look at these issues after an ethics opinion request.  The committee has issued a new proposed rule (below) that would allow for a lawyer to outsource if it is disclosed in the initial fee contract.  The costs come out of the client’s recovery, not the lawyer’s contingent fee.  The new rule is not final until approved by the Florida Supreme Court and may be tweaked by the bar through its internal review process in between now and when the Supreme Court reviews it.  However, it provides guidance. Read the rest of this entry »

This Just In… Toyota Recalls May Have Subrogation Issues

Wednesday, February 17th, 2010

As automobile maker Toyota announces new warnings and repairs for many of its models, law firms nationwide are gearing up for legal issues that have resulted from the massive recall.  Millions of cars are in the process of being repaired by Toyota in an effort to avoid any further issues with the faulty vehicles.  However, there is a growing number of firms who are investigating possible lawsuits against Toyota, especially in accident and injury cases that include one of the recalled vehicles. 

Insurers are looking through their settlements to see if subrogation is an option.  State Farm has already started evaluating possible subrogation action, stating that “could result in us subrogating against the vehicle manufacturer,” (Varro, www.insurancenetworking.com).  According to National Underwriter Online News (www.property-casualty.com) Allstate Insurance Company may also examine recent cases involving Toyota vehicles to determine whether there is a correlation.  According to Allstate spokesman Mike Siemienas: Read the rest of this entry »