Phia Group Russo & Minchoff

2010 Client Symposium – Axia Strategies

Adam V. Russo | April 23, 2010

I am on my way back from La Jolla, CA where I presented “New Methods for Maximizing the Identification & Successful Outcome Associated With Subrogation Events” at  Axia’s 2010 Client Symposium held at The Lodge at Torrey Pines.
Click here to see my entire PowerPoint presentation.

Bankruptcy – It Is Not The End Of Your Subrogation Claim

Adam V. Russo | March 22, 2010

By Cameron D. Gray, Esq., Boteler, Mahoney & Gray, LLP, Dallas, Texas
The United States Bankruptcy Code is intended, at least in part, to give a debtor in bankruptcy relief from the demands of its creditors so that it can regroup and potentially survive those claims. It does this by shifting the playing field and changing [...]

Subrogation Legislation in 2009 and the Forecast for 2010

Adam V. Russo | March 22, 2010

By Daran Keifer and Kammy Poff
2009 was a banner year for those forces which seek to reduce, restrict or eliminate subrogation recoveries across all lines of business. NASP has been a flurry of legislative proposals effecting subrogation, most notably anti-subrogation bills, which affect our livelihood. Going into 2010, we need to understand the types of [...]

Southern District of New York Holds New York Collateral Source Statute Does Not Abrogate Subrogation Rights

Adam V. Russo | March 22, 2010

By Lindsey C. Bruning and Kristin C. Cummings, Zelle Hoffman Voelbel & Mason LLP, Dallas, Texas
New York, like many states, has a collateral source statute that prevents an injured party from recovering from a tortfeasor amounts that the injured party has already received from another source, such as insurance proceeds. (N.Y. C.P.L.R. 4545) CPLR 4545 [...]

Ohio Bar Associate/ New Subrogation Committee

Adam V. Russo | March 3, 2010

The Ohio Bar Association’s new Subrogation Committee held its first meeting today to try to formulate what the purpose of this committee is. The committee developed a working statement which states as follows: “Parties injured by a wrongdoer often are not receiving full or fair compensation in part because of subrogation laws of Ohio.” The [...]

Colorado HB 1168/ Amended & Passed by Judiciary Committee

Adam V. Russo | March 3, 2010

President-Elect Kenneth Levine and Amicus Committee Chair Daran Kiefer spent Monday February 22nd in Colorado with several NASP members and industry lobbyists testifying in opposition to House bill 1168. During the eight hours at the Capital, the parties supporting this bill agreed to several amendments. First, the bill was amended to eliminate property, workers’ compensation [...]

SD S 169/ Passed and Moves to the House/ Affects All Subrogation Rights

Adam V. Russo | March 3, 2010

The South Dakota bill would prohibit a subrogated insurer from participating in any recovery for “bodily injury” or “property damage” unless or until the injured party is “made whole”. S.D. Senate bill 169 failed to pass the Senate on February 22, 2010. However, the Senate reconsidered the bill on February 23rd, 2010 which resulted in [...]

New Hampshire House Bill 1259/ Attorney Fees & Expenses in Medical Subrogation

Adam V. Russo | March 3, 2010

The New Hampshire House Judiciary Committee reviewed and recommended a bill recently pertaining to contract, Medicaid or statutory subrogation rights of subrogation for “”reimbursement of medical expenses” against plaintiff’s recovery. The proposed bill requires these subrogated entities to pay costs and attorney fees to the injured party “as justice requires”. The bill does not give [...]

Season Finale “The Deep End” 2/25/10 on ABC

Adam V. Russo | February 26, 2010

Makes Subrogation Professionals look like bad guys! Hilarious!
Click here to view episode.

Maine Bureau of Insurance Rules

Adam V. Russo | February 26, 2010

Please click below to view bulletin.
Bulletin 371

I Thought We Were Worried About Cost?

Adam V. Russo | February 17, 2010

By Chris Aguiar of The Phia Group, LLC
Can anyone disagree with the notion of affordable healthcare? No matter where you sit on the political spectrum, I would imagine it would be difficult to vote against such an idea. Over the past few months, we have witnessed contentious debate on the most effective means to provide [...]

Trial Lawyer Hypocrisy Act

Adam V. Russo | February 9, 2010

By Mark Hillman
If there’s one thing personal injury lawyers are especially good at, it’s exploiting the misfortunes of their clients while devising new ways to line their own pockets.
Colorado House Bill 1168 is this year’s prime example. While claiming to help injured parties receive full compensation for damages caused by the fault of someone else, [...]

Secondary Payor Requirements May Impact Settlements

Adam V. Russo | February 9, 2010

In the waning days of 2007, with the cost of health care continually escalating and with more and more of the costs being borne by the United States Government, Congress passed and President Bush signed into law the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA). With the stroke of his pen, the President [...]

Colorado: House Bill 10-1168 Threatens Healthcare Subrogation and Limits All Subrogation – No Direct Actions by Carriers

Adam V. Russo | February 4, 2010

Subrogation rights are again in danger in Colorado with the introduction of H.B. 10-1168. This bill essentially undoes healthcare subrogation while codifying the “made whole” and “common fund” doctrines into law. The proposed bill will certainly have a devastating effect on healthcare, workers compensation and UM insurance subrogation, but other auto and property subrogation rights [...]

Senate Approves “Patient Protection and Affordable Care Act”

Adam V. Russo | December 28, 2009

Thursday morning, by a vote of 60 to 39, the Senate approved an amended version of H.R. 3590, the “Patient Protection and Affordable Care Act.”