August 2010 Newsletter

• Missouri Court Makes Co-Employees Fair Game: Robinson v. Hooker, 2010 WL 2998605 (Mo. App. 2010)
• Subrogation and The Seat Belt Defense
• ERISA and Health Insurance Subrogation In All 50 States 4TH Edition Just Released!!
• Independent Right of Compensation Subrogation Found in Ohio's New Hybrid Statute: Ohio Bur. of Workers' Comp. v. McKinley, 2010 WL 893801 (Ohio App. 2010)
• Upcoming Events

July 2010 Newsletter

• Another Workers' Compensation Defense Attorney Joins Matthiesen, Wickert & Lehrer, S.C.
• New York Interventions May Avoid Anti-Subrogation Laws: New York Court of Claims Suggests Way Around Bad Law: Rink v. State, 2010 WL 1686054 (N.Y. Ct. Claims 2010)
• Subrogating Dog Bites: New Dog Bite Law In All 50 States Chart Available
• Subrogation Counsel Needed In Indiana: Supreme Court Denies Compensation Lien Where There Is No Attorney
• Upcoming Events

June 2010 Newsletter

• Made Whole Doctrine Irrelevant In Pennsylvania Deductible Reimbursement Issues: Jones v. Nationwide Property and Casualty Ins. Co., 2010 WL 2030301 (Pa. Super. 2010)
• Made Whole Doctrine Takes Another Blow In Texas: Texas Health Insurance Risk Pool v. Sigmundik, 2010 WL 2136625 (Tex. 2010)
• Matthiesen, Wickert & Lehrer, S.C. Introduces New 50 State Occupational Accident Insurance Subrogation Chart!
• Colorado At It Again: Anti-Subrogation Bill Threatens Subrogation At Multiple Levels
• Medicare Set-Asides: Understanding And Dealing With The Newest Obstacle To Third-Party Recoveries
• Upcoming Events

June 16, 2010 – Subrogation Update

• Colorado Anti-Subrogation Law Update: Section 10-1-135 To Become Law In August

May 2010 Newsletter

• Workers' Compensation Defense Expert Joins Matthiesen, Wickert & Lehrer, S.C.
• Contribution: Subrogation's Cousin: New 50 State Contribution Chart Available!
• Minnesota's Collateral Source Rule Applies to Workers' Compensation Subrogation: Graff v. Robert M. Swendra Agency, Inc., 2009 WL 5088773 (Minn. App. 2009)
• Washington Modifies Deductible Reimbursement Law: Averill v. Farmers Ins. Co. of Washington, 2010 WL 891899 (Wash. App. 2010)
• Subrogation and Retrospective Rating Plans: Benton Specialties, Inc. v. Cajun Well Service, Inc., 2010 WL 447042, 1 (La. App. 3rd Cir., 2010)
• Hawaii Statute of Limitations Quirk: Your Subrogation Action Might Not Be Barred
• Upcoming Events

April 2010 Newsletter

• 11th Circuit Finally Weighs In On Common Fund Doctrine In ERISA Subrogation: Zurich American Ins. Co. v. O’Hara, 2010 WL 1641369 (11th Cir. 2010)
• Equity Invades Hospital Lien Law: Common Fund Doctrine Held Applicable To Hospital Liens: Howell v. Dunaway, 2010 WL 763918 (Ill. App. 2010)
• Alaska Hospital Lien Procedure Is Exclusive: Supreme Court Says Statutory Procedure Must Be Followed: Mat-Su Regional Medical Center, LLC v. Burkhead, 2010 WL 572522 (Alaska 2010)
• Ryan L. Woody Wins Summary Judgment In Wrongful Death Case: Court Finds Estate Misallocated Funds In An Attempt To Avoid Health Plan’s Lien
• Upcoming Events

March 2010 Newsletter

• Third-Party Litigation In Construction Settings
• Workers' Compensation Subrogation In Virginia Construction Settings
• OCIP Protection Established In Texas: Entergy Gulf States v. Summers, 282 S.W.3d 433 (Tex. 2009)
• 2009 Recoveries Made By Matthiesen, Wickert & Lehrer, S.C.
• Upcoming Events

February 2010 Newsletter

• The Future of General Motors and Chrysler Product Liability
• Vehicle Defects Create Subrogation Opportunities
• Toyota Class Actions Filed
• Helping Us Help You: The Importance of Timely Subrogation Referrals
• Upcoming Events

January 2010 Newsletter

• Subrogation And The Great Medicare Set-Aside Debate: Extent of Liability for Failure to Prepare and File MSA in Dispute
• Class Action Filed Against Medicare: Patricia Haro, et al., v. Kathleen Sebelius, Secretary, et al., 2009 WL 4497456 (D. Ariz. 2009)
• Upcoming Events

December 2009 Newsletter

• Subrogation Webinars To Begin Soon! MWL Offers Live CE-Approved Subrogation Training
• Pennsylvania Dodges Anti-Subrogation Rule
• Is The Sudden Emergency Doctrine Alive In Virginia?
• A Series of Unfortunate Events: The Increasingly Rare Unavoidable Accident Defense
• Upcoming Events
• Merry Christmas and Happy New Year!

November 2009 Newsletter

• Anti-Subrogation Bill Passes in New York
• Workers’ Compensation Subrogation and the Shackles of HIPAA
• Upcoming Events

October 2009 Newsletter

• Wisconsin Supreme Court Issues Major Spoliation Opinion Agreeing with Matthiesen, Wickert & Lehrer's Amicus Brief: American Family Ins. Co. v. Golke Brothers Roofing and Siding, LLC, 2009 WI 81, 768 N.W.2d 729 (July 15, 2009)
• What's That Smell? Have You Looked At Your Subrogation Provision Lately?
• Proposed Ohio Anti-Subrogation Legislation Marches On: Nary a Peep From the Insurance Industry
• Congress Drops Anti-Subrogation Amendment To Health Care Bill
• Upcoming Events

September 2009 Newsletter

• Pennsylvania Assaults Subrogation … Again! Proposed Rule Would Harm Property Subrogation
• Six Year Ohio Workers’ Compensation Subrogation Statute Of Limitations Announced: Corn v. Whitmere, 2009 WL 1636601 (Ohio App. 2009)
• Anti-Subrogation Statute Proposed In Ohio
• The Changing Face Of Made Whole In California: 21st Century Ins. Co. v. Superior Court, 2009 WL 2584765 (Cal. 2009)
• Matthiesen, Wickert & Lehrer, S.C. Online File Referral Forms Available
• Upcoming Events

August 2009 Newsletter

• State of Washington Weighs In On Deductible Reimbursement: New Regulation Mandates Deductible Reimbursement Demands
• 5th Circuit Denies Trial Attorney's Fees Based on Ethics Opinion Sought By MWL: Gray Law, LLP v. Transcontinental Ins. Co., 2009 WL 388945 (5th Cir. 2009).
• New Med Pay/PIP Subrogation Chart Now Available!
• Where's The Beef? Subrogating Livestock/Vehicle Collisions In All 50 States (Second Edition) Released!
• Matthiesen, Wickert & Lehrer's Monthly Electronic Newsletter Mailing List
• Upcoming Events

August 6, 2009 - Health Subrogation Alert

• The Attack On Subrogation Continues: Amendment to Obama Care Bill Contains Anti-Subrogation Trojan Horse

July 2009 Newsletter - Special Edition: Subrogating Floods and Natural Disasters

• Flooding in Ionia, Michigan Presents Subrogation Potential
• Subrogating Against God: Natural Disasters and the Recovery Opportunities They Present
• Subrogating Governmental Entities For Natural Disaster Losses
• Perfect Storm: The Science Behind Subrogating Catastrophic Flood Losses
• Natural Disasters Represent Subrogation Opportunities

June 2009 Newsletter

• West Virginia Amends Workers' Compensation Subrogation Statute: State Limits Subrogation Opportunities In Construction Settings and Enters World of Statutory Employer Litigation
• Connecticut Enacts New Law On Deductible Reimbursement
• Workers' Compensation Subrogation In All 50 States (4th Edition) Now Available!!
• Movement Grows To Undercut The Whole Doctrine
• Upcoming Events

June 3, 2009 - Subrogation Alert Bulletin

• Subrogating Chinese Drywall Claims

May 2009 Newsletter

• Understanding Future Credits In California Workers' Compensation Subrogation
• Intervening In California Workers' Compensation Third-Party Actions
• Questionable Decision Indicates That California Future Credits May Be Reduced By Amount of Past Lien Recovery: Southern Cal. Edison Co. v. Workers' Comp. Appeals Board, 58 Cal.App.4th 766, 68 Cal.Rptr.2d 265 (Cal. App. 1997)
• Upcoming Events

April 2009 Newsletter

• Subrogation and the Sudden Emergency Doctrine
• New York Court of Appeals Issues Favorable Made Whole Opinion: Paula Fasso Independent Health Ass'n, Inc. v. Doerr, 2009 WL 435322 (N.Y. 2009)
• Workers' Compensation Subrogation Confusion in Pennsylvania
• Indiana Court Clarifies Workers' Compensation Future Credit: Smith v. Champion Trucking Co., Inc., 901 N.E.2d 620 (Ind. App. 2009)
• Flooding Disasters Also Represent Subrogation Opportunities

March 2009 Newsletter

• Contribution Against Employers In Illinois Workers' Compensation Subrogation
• 7th Circuit Clears Up Employer Contribution Issues: Baltzell v. R & R Trucking Co., 2009 WL 249981 (7th Cir. 2009)
• ERISA Practitioners In Kentucky Can Breathe A Sigh Of Relief: Humana Health Plans, Inc. v. Patti Powell, 07CV385 (W.D. Ky. Feb. 25, 2008)
• The Dual Capacity Doctrine: Another Exemption To The Workers' Compensation Exclusivity Remedy Rule

March 13, 2009 - Subrogation Alert Bulletin

• More Confusion on Deductible Reimbursements: Pennsylvania Federal Court Dismisses Class Action Deductible Reimbursement Suit: Harnick, et al. v. State Farm Mut. Auto. Ins. Co., 2009 WL 579378 (E.D. Pa. 2009)

February 23, 2009 - Insurance Litigation Alert Bulletin

• Wisconsin Governor Hides Radical Changes to Insurance Law Within Budget Bill

February 2009 Newsletter

• The Illinois Common Fund Doctrine: Illinois Court of Appeals Sides With Trial Lawyers: Stevens v. Country Mutual Ins. Co., 2008 WL 5473299 (Ill. App. 2008)
• A Primer to the Application of Wisconsin's Recreational Immunity Statute
• Parental Responsibility Laws In All 50 States Chart Now Available
• Arbitration Bill To Be Introduced
• Upcoming Events

January 2009 Newsletter

• Arkansas Supreme Court Confuses Subrogation with Statutory Reimbursement Right: Ryder v. State Farm Mut. Auto. Ins. Co., 268 S.W.3d 298 (Ark. 2007)
• Georgia Workers' Compensation Subrogation Primer
• Subrogating Livestock/Vehicle Collisions in Idaho
• The Societal Benefits of Workers' Compensation Subrogation
• Workers' Compensation Subrogation In All 50 States (Fourth Edition) Soon to Be Released!!!
• Upcoming Events

December 2008 Newsletter

• ERISA Subrogation Rights Snubbed in Vioxx Decision: Avmed, Inc. v. BrownGreer, PLC, 2008 WL 4909535 (5th Cir. 2008)
• MWL Releases New 50 State Summary of Made Whole Doctrine
• Seeking Reimbursement From a Carrier That Covered Your Loss
• South Dakota Finally Takes Position on Landlord/Tenant Subrogation and Sutton Rule: American Family Mut. Ins. Co. v. Auto-Owners Ins. Co, 2008 WL 4816666 (S.D. 2008)
• Subrogation and Unpublished Opinions
• Don't Write Off Your Choice-of-Law Provision Merely Because Wisconsin Is the Forum
• Merry Christmas and Happy New Year!

November 2008 Newsletter

• Race to the Courthouse: A Primer on California Subrogation
• Tennessee Federal Court Applies Tennessee Law in Workers' Compensation
• Third Party Action Involving
• Texas Accident: Scott v. AMEC Kamtech, Inc., 2008 WL 4415496 (E.D. Tenn. 2008)
• Florida Court Prohibits Subrogation Recovery From Legal Malpractice Lawsuit: Columbia v. Brewer, 2008 WL 4643815 (Fla. App. 2008)
• Indiana's Lien Reduction Statute Should Apply Only to Indiana Third Party Recoveries: Lane v. Celadon Trucking, Inc., 543 F.3d 1005 (8th Cir. 2007)
• ERISA and Health Insurance Subrogation In All 50 States 3rd Edition Just Released!!

October 2008 Newsletter

• Subrogation and the Subprime Mortgage Crisis
• What Are the Other Guys Doing?
• MWL to Represent NASP as Amicus Curiae Before the Wisconsin Supreme Court
• Visit the MWL Exhibit Booth at the Annual NASP Conference in Hollywood, Florida

September 2008 Newsletter

• North Dakota Decides That Compensation Carrier Cannot Subrogate Legal Malpractice Claim: Haugenoe v. Workforce Safety and Insurance, 748 N.W.2d 378 (N.D. 2008)
• OCIP, CCIP and Wrap-Up Insurance: The Not So Well-Known Subrogation Obstacles
• The Odd Couple: Workers' Compensation Subrogation and New York No-Fault
• Chris Miller Presents at 4th Annual Workers' Compensation Subrogation Strategies ExecuSummit

August 2008 Newsletter

• Connecticut Abandons Larson Rule: Supreme Court Takes Step Backwards On Extraterritorial Subrogation: Jaiguay v. Vasquez, 948 A.2d 955 (Conn. 2008)
• Texas Supreme Court Says Insurers Use of Staff Attorneys and Captive Firms May Be Conflict: Unauthorized Practice of Law Committee v. American Home Assurance Co. and Travelers Indemnity Co., 2005 WL 6167598 (Tex. 2008)
• Turning Off The Spigot: Future Credits In Health Insurance Subrogation
• Ontario Court Upholds Carrier's Right to Subrogate Damage to Trailer: G.L. Gibbons Delivery Service, Ltd. v. Norman Jenkins and Team Logistics, Inc., [2008] O.J. No. 1790, Ontario Superior Court of Justice

July 2008 Newsletter

• Holding Third Parties Liable For Comp Liens in Texas: Texas Mutual Ins. Co. v. Ledbetter Already Being Misinterpreted By Defendants
• MWL Pig Roast Invitation
• Self-Insured Retention is Not "Insurance" For Purposes of Made Whole Doctrine: Bordeaux, Inc. v. American Safety Ins. Co., 2008 WL 2636817 (Wash. App. 2008)
• Iowa Supreme Court Refuses to Preempt State Law Under ERISA: Magellan Health Services, Inc. v. Highmark Life Ins. Co., 749 N.W.2d 705 (Iowa 2008)
• Did You Know?

June 2008 Newsletter

• Ohio Supreme Court Finally Gets It Right: Workers' Compensation Statute Declared Constitutional - Groch v. General Motors Corp., 883 N.E.2d 377 (Ohio 2008)
• Too Clever By Half? 10th Circuit Issues Important Choice-of-Law Decision in Case Argued by MWL Attorney, Ryan L. Woody: Anderson, Shon v. Commerce Construction Services, Inc., 2008 WL 2599823, 07-3128 (10th Cir., July 2, 2008)
• Attorney's Allocation of Tort Settlement Violates Terms of Plan: Judge Reconsiders Decision, Rules in Favor of ERISA Plan: Diamond Crystal Brands, Inc. v. Wallace, 531 F.Supp.2d 1366 (N.D. Ga. 2008)
• Did You Know?

June 6, 2008 Special Subrogation Alert

• MADE WHOLE DOCTRINE DEALT A BLOW: Wisconsin Supreme Court Limits Application of Doctrine: Muller v. Society Ins. Co., 2008 WL 2221771 (Wis. Sup. Ct., May 31, 2008)

May 2008 Newsletter - Med Pay / PIP Subrogation Special Edition

• New Med Pay / PIP Subrogation Chart Available!
• The Difference Between Med Pay and PIP
• Subrogating Med Pay and PIP Benefits
• Colorado No-Fault Shuffle
• Did you Know....
• Simple Referral of Med / PIP Subrogation Claims

April 2008 Newsletter

• Navigating The Storm: Understanding Future Credits In California Workers' Compensation Subrogation
• Ryan Woody Presents at 5th Annual Property Subrogation Strategies ExecuSummit: Economic Loss Doctrine: The Monster In The Property Subrogation Closet
• Texas Supreme Court Spanks Parties For Attempting To Settle Around Compensation Lien: Texas Mutual Ins. Co. v. Ledbetter, 2008 WL 918575 (Tex. 2008).

March 2008 Newsletter

• New York Anti-Subrogation Bill Would Destroy All Non-Statutory Subrogation Rights
• New Treatise Soon To Be Released: Fundamentals of Insurance Coverage In All 50 States
• Education Is The Key To Successful Subrogation

February 2008 Newsletter

• Subrogation Battle Lines Drawn: Gary Wickert Duels With Anti-Subrogation Law Professor On National Radio
• A War Worth Fighting: The Great Alabama Battle Against Subrogation
• 11th Circuit Clarifies ERISA Subrogation/Reimbursement Rights and Allows Recovery of Funds in Possession of Third-Party: Administrative Committee for the Wal-Mart Stores, Inc. Associates Health & Welfare Plan v. Horton

January 2008 Newsletter

• Gary Wickert Talks Subrogation on National Radio
• Pennsylvania Supreme Court Takes Stand Against Gerrymandering Workers' Compensation Third-Party Recoveries: Gillette v. Wurst, 2007 WL 4555287 (Pa. 2007)
• Subrogating in Canada

December 2007 Newsletter

• Defending Subrogation
• Illinois Court of Appeals Rebukes Judge for Reducing Lien: Michele Smith v. Louis Joliet Shoppingtown, L.P. and Panera, L.L.C., No. 1-06-2988 (2nd Div. Ill. Ct. App., Oct. 30, 2007)
• Workers’ Compensation vs. No-Fault: Subrogating Delaware Workers’ Compensation Against PIP and Med Pay Benefits

November 2007 Newsletter

• MWL to Write Exam Question for NBTA Certification
• Be Wary Plan Administrators - Your Delay Can Cost You!
• U.S. District Court For Southern District of Florida Declares Auto Immunity Statute Unconstitutional: Vanguard Car Rental U.S.A., Inc. v. Huchon, 2007 WL 2875388 (S.D. Fla. 2007)
• ...And Then There Were Four: West Virginia Latest State to End Monopolistic Fund: Subrogation Statute Rewritten
• Michael R. Sinnen Now Licensed to Practice in Minnesota

October 2007 Newsletter

• Who Will Speak For Subrogation?
• Houston Chronicle Article On Subrogation
• How Do We Keep You Current On Subrogation Law?

September 2007 Newsletter

• Kansas Legislature Considers Allowing Health Insurance Subrogation
• Workers' Compensation Subrogation's Secret Weapon: Extraterritorial Subrogation: Lane v. Stevens Transport, 2007 WL 2319855 (E.D. Ark. 2007).
• Extraterritorial Workers' Comp Subrogation: MWL Attorneys Gary Wickert and Ryan Woody Appeal to the Tenth Circuit: Anderson v. Commerce Constr. Serv., Inc., 2007 WL 109962 (D. Kan. Apr. 10, 2007).
• Testing 1-2-3: Subrogating Against Your Insured's Test and Rental Drivers

August 2007 Newsletter

• Trial Lawyers Upset at Texas Supreme Court Decision in Fortis: Houston Chronicle Reports on Anger and Depression Among Trial Lawyers In Texas
• There's a New Sheriff In Town: Kansas Court of Appeals Decision Makes Life Difficult for Plaintiff's Attorneys
• New York Appellate Court Narrows Carrier's Liability For Fees and Costs: Burns v. Varriale, 820 N.Y.2d 655 (N.Y.A.D. 2006)

July 2, 2007 Special Health Insurance Subrogation Alert

• The Texas Supreme Court Hands Significant Victory to Subrogation Over the Made-Whole Doctrine: Fortis Benefits V. Vanessa Cantu and Ford Motor Company, 05-0791, in the Supreme Court of Texas.

July 2007 Newsletter

• To Intervene or Not to Intervene: That Is the Question in California Workers' Compensation Subrogation
• California Court Narrows Made Whole Doctrine: Allstate Insurance Company V. Superior Court, 2007 WL 1704017 (Cal. App. 2007).
• MWL to Draft NASP Amicus Brief in Landmark Made Whole Case: Muller V. Society Insurance, 730 N.W.2d 668 (Wis. App. 2007), review granted.
• Keynote Speech at ExecuSummit Conference: Workers' Compensation Subrogation in the New Millennium
• New Third Edition of Workers' Compensation Subrogation in All 50 States Released
• Welcome to the Firm: Daniel Borck, Associate

June 2007 Newsletter

• SPECIAL SUBROGATION ALERT: Washington Court of Appeals Applies Consumer Protection Act to Subrogation Collection
• Arizona Revamps Its Workers' Compensation Subrogation Statute
• Alabama Supreme Court Clarifies Workers' Compensation Subrogation

May 2007 Newsletter

• Subrogating When Your Insured Does the Rear-Ending
• Subrogating Liability Claims
• Subrogating For More Than Your Lien
• Welcome to the Firm: Michael R. Sinnen, Associate

April 2007 Newsletter

• Health Subrogation Not a Part of the Bankruptcy Estate: Another Health Subrogation Victory by Matthiesen, Wickert & Lehrer, S.C.
• Workers' Compensation Subrogation: Which Payments Can Be Recovered?

March 2007 Newsletter

• Subrogation and The Economic Loss Doctrine: A 50 State Survey

February 2007 Newsletter

• District of Columbia Court of Appeals Rejects Made Whole Doctrine as Default Rule: Moore V. CapitalCare, Inc., 461 F.3d 1 (C.A.D.C. 2006).;
• Made Whole Doctrine in Texas Clarified: Veazey V. Allstate Texas Lloyds, 2007 WL 29239 (N.D. Tex. 2007).; and
• Federal Court Holds That Subrogated ERISA Plan May Remove Case Upon Initial Complaint: Fagan V. Destafinis,et al., 2:06-CV-00380-CNC (Dec. 14, 2006).

January 2007 Newsletter

• Trial Lawyers Join the Fray in Fortis Made Whole Appeal - Texas Trial Lawyers Association File Amicus Curiae Brief
• First-Party Diminution in Value Cases in All 50 States

December 2006 Newsletter

• Something Old, Something New; Someone Borrowed, Someone to Sue - Workers’ Compensation Subrogation and Employee Leasing Companies

November 2006 Newsletter

• Second Edition: ERISA and Health Insurance Subrogation In All 50 States Book Available
• Perfect Storm: The Science Behind Subrogating Catastrophic Flood Losses

October 2006 Newsletter

• New! Livestock/Vehicle Collision Subrogation Book
• New! 2007 Updated Second Edition ERISA and Health Insurance Subrogation In All 50 States
• Sleeping With the Enemy: Federal Statute Creates Opportunity for Subrogation Stipulation in Workers' Compensation Files
• Workers' Compensation and Work-Related Traffic Accidents
• Shortened Time to Answer Lawsuit in Wisconsin

September 2006 Newsletter

• Duplex: Subrogating Landlord/Tenant Property Losses
• Assault on Subrogation Continues - Chong v. State Farm , 428 F.Supp.2d 1136 (S.D. Cal. 2006).
• Pennsylvania High Court Exempts HMO's From Anti-Subrogation Statute - Wirth v. Aetna U.S. Healthcare , 2006 WL 2408747 (Pa. 2006).

August 29, 2006 Special Health Insurance Alert

• Fortis Benefits v. Vanessa Cantu and Ford Motor Co. , 05-0791, In the Supreme Court of Texas. Texas Supreme Court Grants Petition for Review - NASP Amicus Curiae Brief Filed - Oral Argument Set for November 16, 2006 at 9:00 A.M.
• Plan Language Takes Center Stage in Reimbursement Case - Popowski and The Commerce Group (United Distributors' Health Plan) v. Deborah Parrott; BlueCross BlueShield of South Carolina v. Carillo , 2006 WL 2433481 (11 th Cir. August 24, 2006).

August 2006 Newsletter

• Wisconsin Supreme Court Hostile Toward Healthcare Subrogation
• Squeezing the Turnip: Fidelity and Surety Bond Subrogation
• Workers' Compensation Subrogation: Which Payments Can Be Recovered?

July 2006 Newsletter

• Contracting Away Made Whole: Does the Made Whole Doctrine Apply If Your Policy/Plan Says it Doesn't?
• Subrogation Involving the Firefighter's Rule or Rescue Doctrine

June 2006 Newsletter

• Reimbursement of Deductibles
• Failure to File Florida “Notice of Payment” of Workers' Comp Benefits Waive Subrogation Rights
• Court Reporters Strike Back: Many States Banning Insurance Company Requirements to Use Specific Court Reporters

May 15, 2006 Special Health Insurance Subrogation Alert

• A Supreme Court Victory for ERISA Subrogation
• Pension Protection Act of 2005 in Conference Committee

May 2006 Newsletter

• Supreme Court Watch: Joel Sereboff, et ux. v. Mid-Atlantic Medical Services, Inc. , No. 05-260.
• Matthiesen, Wickert & Lehrer, S.C. Obtains Injunctive Relief
• Setting Aside Binding Arbitration Decisions

April 2006 Newsletter

• Mississippi Allows Subrogation in Medical Malpractice Cases
• 8th Circuit Issues Favorable Post- Knudson Decision
• Minnesota Supreme Court Limits Subrogation Rights
• On-Line Subrogation File Referral Forms Available at www.mwl-law.com

Spring 2005 Newsletter

• Success in Mediation
• Efforts to Expand Dangerous Made Whole Doctrine - John J. Petta v. ABC Ins. Co., 03-0610. In the Supreme Court of State of Wisconsin.
• New ERISA Book Finally Finished!
• Subrogating on the Waterfront: Longshore and Harbor Workers' Comp Subrogation (Part 2 of 2)
• Submit Your Subrogation Questions Via the Internet

Spring 2004 Newsletter

• Battling the “Common Fund” Monster
• Common Sense Prevails As Exclusivity Rule Is Limited By Alabama Supreme Court - Weaver v. Kimberly Clark Corp. , 2003 WL 2185720 (Ala. 2003).
• Subrogating Against God?
• Subrogating on the Waterfront: Longshore and Harbor Workers' Comp Subrogation (Part 1 of 2)
• Submit Your Subrogation Questions Via Internet
• Texas Issues Ethics Ruling on Attorneys' Fees
• Chart on Contributory Negligence/Comparative Fault for All 50 States Available on MWL Website
• Seminars Available
• Future Newsletters to Be Sent in Electronic Form
• Considering Joining the National Association of Subrogation Professionals (NASP)
• New ERISA/Health Plan Subrogation Book Due in August
• 2004 Updates to Workers' Compensation Subrogation In All 50 States Complete

Spring 2003 Newsletter

• Great-West Life Ins. & Annuity Co. v. Knudson : The Aftermath
• Wisconsin Court of Appeals Creates Obstacle to Effective Property Subrogation - Paulson v. Allstate , 2002 Wis. App. 168, 649 N.W.2d 645 (2002).
• Statute of Limitations List Now Available!
• Submit Your Subrogation Questions Via Internet
• New Decision Complicates Workers' Compensation Subrogation in Georgia
• Consider Joining the National Association of Subrogation Professionals (NASP)
• Seminars Available

Summer 2002 Newsletter

• Mohr & Anderson, S.C. Renamed Matthiesen, Wickert & Lehrer, S.C.
• Ohio Supreme Court Declares Workers' Compensation Subrogation Statute Unconstitutional - Holeton v. Crouse Cartage Co. , 748 N.E.2d 1111 (Ohio 2001).
• New Workers' Compensation Subrogation Book Now Available!
• Workers' Compensation Subrogation Isn't What It Used To Be
• Recovering Attorney's Fees in Property Subrogation
• How to Subrogate When Your Insured Does the Rear-Ending

Winter 2000 Newsletter

• Why Use National Subrogation Counsel?
• Court of Appeals Allows Gerrymandered Settlement - Texas Workers' Compensation Ins. Fund v. Jose Serrano, et al. , No. 13-95-482-CV, Court of Appeals (Tex. Civ. App. - Corpus Christi 1999).
• Subrogation Under Attack in Pennsylvania
• Lien Reduction Statutes: The Newest Subrogation Obstacle
• Inaugural NASP Conference a Huge Success
• Pending Legislation Which Set Uniform Fees for Medical Records
• Witnesses' Statements in Wisconsin
• Gary Wickert Publishes First Novel: Dark Redemption

Fall 2000 Newsletter

• The Erosion of ERISA Subrogation Rights
• Assignment of Subrogation Interest Negated - Reed v. Bradley, 2000 WL 1030327 (Wis. App. July 27, 2000).
• Subrogation Seminar Materials Now Available
• New Mexico Fire Subrogation
• Subrogating Defective Firestone Tires
• Workers' Compensation Subrogation in Automobile No-Fault States

Spring 2000 Newsletter

• Understanding National Subrogation Programs
• ERISA Preemption Doctrine Weakened - Blackburn v. Sundstrand Corp. , 115 F.3d 493 (7th Cir. 1997).
• New Mexico Fire Subrogation
• Assault on Subrogation in Ohio Continues
• How to Obtain Credit for a Third Party Settlement in a Texas Workers' Compensation Claim
• Wacky Warning Labels
• We Are Internet Ready!
• Want to Deal With Just One Lawyer for All Your National Subrogation?

Spring 1999 Newsletter

• Subrogating for More Than Your Lien?
• Wisconsin Supreme Court Expands UM Coverage - Hull v. State Farm Mutual Ins. Co. , 222 Wis.2d. 627 (Dec. 15, 1998).
• Court of Appeals Issues Two Important Insurance Coverage Decisions
• A Liability Carriers' Duty to Defend Upon Payment of Policy Limits

Fall 1998 Newsletter

• Gary Wickert Offers National Subrogation Program From the Midwest
• One Injury - Three Different ERISA Subrogation Results: Ninaus v. State Farm Mutual Automobile Insurance Company., 97.0191 (Ct. App. Wis. July 14, 1998).
• Subrogation: The New Balancing Act In "Made Whole" Cases
• Subrogation Bible Now Available
• Gary Wickert to Speak at IRM Insurance Conference
• Credibility
• Discovering Evidence of Alternative Causes of Injury
• Wisconsin Supreme Court Creates New Tort of Negligent Supervision