Carrier Can't Avoid Contractual Waiver of Subrogation Right

A divided Texas Supreme Court ruled that a carrier that waived its subrogation rights in exchange for a higher premium cannot indirectly recover the same proceeds it agreed not to pursue directly. Case: Wausau Underwriters Insurance Co. v. Wedel, No. 17-0462, 06/08/2018, published. Facts and procedural history: James Wedel worked as a truck driver for Cactus Transport. He suffered severe injuries while loading asphalt at a terminal owned by the Western Refining Co. Wedel received workers’ compensation benefits from Cactus and filed a personal injury suit against Western. Pr...