Pa. Justices Require Consent For 3rd-Party Insurance Claims

Law360 (November 21, 2018, 6:19 PM EST) -- A worker’s compensation insurer needs the consent and participation of an injured worker in order to bring claims against the parties responsible for the injury, and merely claiming a lawsuit was filed “on behalf of” the injured worker is insufficient, a split Supreme Court of Pennsylvania ruled Wednesday.

Clarifying an earlier ruling on a different case that barred independently launched subrogation actions while allowing claims properly filed on behalf of a subrogee, the 5-2 Supreme Court majority found that The Hartford Insurance Group couldn’t bring a lawsuit against the driver and rental car company that injured insured worker Chunli Chen if...

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