Update on Medical Payments and PIP

With the Arkansas Supreme Court's recent decisions that first party medical payments or personal injury protection payments (PIP) are only recoverable after a judicial determination that the insured has been made whole, subrogation is practically dead in Arkansas.  Adjusters for first party carriers are still putting third party carriers on notice of subrogation rights causing problems with settlement.  Don't back down, set them up for a claim by providing both sides with recent decisions on this subject and point out that they are opening themselves up for a lawsuit if they do not withdraw their pre-adjudication claim.  Be mindful that they can still pursue your client so it is best to use some tact and ask them to waive any claim if possible.