Common Mistakes in Handling Personal Injury Subrogation: Identifying and Resolving Errors Prior to Settlement

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, August 16, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss common subrogation mistakes made by insurance carriers and plaintiffs' counsel and how they may impact personal injury claims, especially when negotiating a settlement.
Faculty

Ms. Dowie is a senior associate overseeing MWL’s Boston, Massachusetts branch office. She is licensed to practice in Massachusetts, New York, and Vermont, and is admitted in various federal District and Circuit courts. Ms. Dowie handles complex cases touching on wide-ranging topics including product liability, personal jurisdiction, conflict of laws, and federal preemption. Her background and focus is in healthcare litigation, including ERISA and health insurance matters running the gambit from traditional subrogation and coverage claims to provider billing disputes to class action and fraud claims brought against benefit plans. In addition to work at the trial level, Ms. Dowie has extensive appellate experience, and is in the process of expanding her appellate practice. In addition to her experience with merits briefing, she contributed to an amicus brief filed with the United States Supreme Court, obtained certiorari for a client before the Wisconsin Supreme Court, and has argued before the Second Circuit.
Description
Mismanaging subrogation can cause substantial losses to the insurance company, as well as potentially hinder settlement. Counsel on both sides must understand how subrogation works--as well as the common mistakes made by insurance carriers--to correctly handle any subrogation issues that may exist in a personal injury claim.
On the defense side, problems often arise when the parties are not prepared to address the subrogation claim. Counsel can address these mistakes when they come into a case, but often the clock is "already ticking," requiring quick action.
On the plaintiffs' side, subrogation starts from day one and remains relevant through the settlement of a personal injury claim. A failure to be aware of the issues can present significant traps for the unwary practitioner.
Listen as Catherine Dowie, Attorney at Matthiesen Wickert & Lehrer, discusses how common subrogation issues impact both plaintiffs and defendants in personal injury claims, especially during settlement negotiations. Our panel will guide personal injury attorneys to identify and handle subrogation issues and avoid personal liability due to mishandled subrogation liens.
Outline
- Overview of common subrogation mistakes made by insurance carriers
- Discussion of the impact that subrogation mistakes have on both plaintiffs and defendants
- Potential sources of personal liability for injury attorneys due to mishandled subrogation liens
- Practice tips to identify and handle subrogation issues prior to settlement
Benefits
The panelist will review these and other relevant topics:
- What are the most common subrogation mistakes made by insurance carriers?
- How do mishandled subrogation issues impact personal injury defendants?
- How do mishandled subrogation issues impact personal injury plaintiffs?
- What are the best practices for personal injury attorneys and insurance carriers in identifying and handling subrogation issues?
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