Two of Rathbone Group’s subrogation attorneys, Jason Sullivan and Rebecca Wright, presented an automobile track session Common Fund: Uncommon Strategies to Account for This Doctrine. The program focused on how to preserve and maximize subrogation recovery, even when lien reductions may be appropriate.
What is the Common Fund Doctrine?
Sullivan and Wright explain the Common Fund Doctrine and how to use creative approaches to effectively subrogate when this doctrine comes into play. The Common Fund Doctrine states that whenever there is a fund that more than one party lays claim to, that each involved party must share in the pro rata and expense costs. This doctrine becomes especially prevalent in cases of Medpay and PIP subrogation.
Differences in subrogation law by state means that some states haven’t adopted the Common Fund Doctrine, while others have “established” it via case law, and others have set specific statutes. This means insurance companies require effective subrogation case management that takes into account these legal nuances and uses a creative approach to ensure insurers don’t pay expenses that aren’t applicable to their pursuit of recovery.
If you would like us to present this information to your group, please email us.