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Supreme Court Clarifies Carrier's Rights, Obligations to Collect on Subrogation Lien

Monday, September 23, 2024 | 0

The Nevada Supreme Court overturned its own precedent and ruled that an insurance carrier does not need to intervene or otherwise participate in a worker’s third-party claim to recover on a lien. The high court on Thursday also held that a carrier's lien extends to the "total proceeds" of any recovery, including any portion allocated to noneconomic injuries, and that the lien applies to recovery from any third parties without allocation of the worker’s litigation fees and costs. The court said two prior rulings — Breen v. Caesars Palace in 1986 and Poremb...

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