Defending Employers Podcast: Episode 254

The Pitfalls for a Carrier Seeking Reimbursement from NY State or Municipal Entities

Section 40 in NJ does not permit subrogation/reimbursement rights from public entity “Title 59” claims, but New York’s Section 29 does! Beware of the heightened proofs, differing procedure, abbreviated statutes of limitations, and specific requirements under the General Municipal Law and the Court of Claims Act. In this episode, “The Pitfalls for a Carrier Seeking Reimbursement from NY State or Municipal Entities,” Christopher Major dives into the pitfalls for a carrier seeking reimbursement from NY State or municipal entities.

Major discusses the following:

  • The statutory and legal grounds for subrogation against public entities in New York.
  • The requirements of the General Municipal Law and Court of Claims Act.
  • How to navigate complex issues, like the No-Fault Law and intercompany loss transfer in public entity claims.
  • How to avoid having your rights prejudiced by a negligent claimant or third-party attorney.

What is “Defending Employers: Audio From Lois Law Firm, Workers’ Compensation Defense Attorneys”?

This is the audio feed from Lois Law Firm’s popular webinar training series. Every month the Firm’s attorneys present different topics in workers’ compensation. Meant as a 101 level training course, the attorneys present a fresh take on common issues in workers’ compensation defense.

Special Reports and Presentations: When emerging legal issues arise that impact employers, Lois Law Firm publishes special presentations. These special events, hosted by attorneys and presented in plain English, make the emergent changes understandable for business owners, insurance carriers, and other attorneys.

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Download the New York Risk Transfer Handbook

Download Our New York Risk Transfer Handbook

The “New York Risk Transfer Handbook" is "an effort to present to you, the curious claims professional, supervisor, manager, risk transfer or recovery specialist, or even fellow lawyer, just how subrogation makes sense in the context of your claims.”

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Risk Transfer, Subrogation & General Litigation at Lois Law Firm

Why LOIS Has a Dedicated Civil Litigation Practice

LOIS has a dedicated Civil Litigation Practice to serve general liability, premises liability, automobile liability insurance carriers and third party administrators in reimbursement claims under New York WCL § 29 and New Jersey’s Section 40 (N.J.S.A. 34:15-40). Our attorneys also regularly represent these clients’ insureds in defense of personal injury matters filed in all counties in Metropolitan New York, all counties in New Jersey and in the federal courts.

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