A Civil Litigation Webinar

Employee Won’t Sue? How to Subrogate and Prove Third-Party Causes of Action

Both Section 29 in New York and Section 40 in New Jersey permit the carrier to sue “in the shoes” of the claimant/petitioner. Why would a claimant/petitioner not sue a third party? What can you do if they refuse? What are the statutory prerequisites to commencing a subrogation action? What are the proofs and legal standards involved for common third-party causes of action? In this LIVE webinar on Monday, July 11, 2022, we boil down the complex issue of subrogation into the basics!

We discuss the following:

  • Instances where a claimant/petitioner might not file a third-party action
  • The legal requirements under Section 29(2) and Section 40(f)
  • What to do before and after filing the subrogation complaint
  • How to drive toward immediate settlement to minimize costs

Civil Litigation Webinar Series

The Civil Litigation Webinar Series, from Lois Law Firm, is held on the THIRD MONDAY of the month at 3:00 PM EST. These webinars are focused on practical claims-handling and perfect for your team members who need state-specific training or a refresher course for this jurisdiction! Each webinar features a live presentation followed by a Question & Answer session. To register for a Civil Litigation Webinar, click the button below:

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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