2022 Edition

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. We are going to try to distill from the verbose and ponderous words of the New York State Legislature one single, simple thing: strategy.”

This book covers the following:

  • Basics of Section 29
  • Time Limitations & Notice Requirements
  • The Right to a Lien
  • Lien Reimbursement & the Kelly Calculation
  • Future Credit/Offset Rights (Reconciling Kelly & Burns)
  • Interplay with New York’s No Fault Law
  • Third Party Consent, Cramdown, and Global Settlements
  • Subrogation Under Section 19(2)
  • Multijurisdictional issues and Choice of Law
  • Health Insurance Matching Program 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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