While politicians may be more interested in whether a state is a Blue State or Red State, subrogation professionals want to know if a state is what we refer to as a “Good State or Bad State” based on its comparative fault laws. Are you a Bad State where a certain level of fault of your insured will entirely bar your subrogation claim? Or are you a Good State where your subrogation claim is simply reduced by the portion of your insured’s comparative fault, but is not barred. In this podcast, Cozen O’Connor subrogation attorneys Joe Rich, David Brisco, and Jake Skaggs discuss the differences between the comparative fault rules in the Good States and Bad States, as well as those states in between these extremes.
Are You a Good State or Bad State? A Discussion of Comparative Fault Principles
