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  • About
  • Attorneys
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    • Nationwide Insurance Subrogation
    • Defense Litigation
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  • Resources
    • Newsletters
    • Laws By State
    • Published Articles
    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
      • Workers’ Compensation Subrogation In All 50 States
      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
    • Reference Charts
    • Resource Links
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    • Refer A File
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2013

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  2. 2013

New York Struggling To “Save” Anti-Subrogation Law

ERISA and Health Insurance, Newsletter, SubrogationBy JamieDecember 12, 2013

Following closely on the heels of an unfavorable decision, state legislators in Albany wasted no time embarking on a rescue mission to save New York’s anti-subrogation statute from ERISA preemption. McKinney’s G.O.L. §§ 5-101 and 5-335. The statute, originally enacted…

Health Insurance Subrogation and Michigan No-Fault

Auto, Med Pay, PIP, ERISA and Health Insurance, Newsletter, SubrogationBy JamieDecember 12, 2013

One of the more common misconceptions one hears in the realm of health and accident subrogation is that, when it comes to motor vehicle accidents, “there is no subrogation in Michigan.” No one can deny that the Michigan No-Fault Act…

MWL and the Three “C”s: Charity, Community, and Christmas

Community Outreach, NewsletterBy JamieDecember 12, 2013

Just in time for the holidays! Matthiesen, Wickert & Lehrer, S.C. (MWL) announces the formation of its Diversity and Community Outreach Committee. Its first major project successfully collected nearly 50 toys on behalf of Toys for Tots. These toys will…

2013 MERRY CHRISTMAS AND HAPPY NEW YEAR!!!

NewsletterBy JamieDecember 12, 2013

Matthiesen, Wickert & Lehrer, S.C. would like to thank all of our clients and local counsel for a wonderful year and we wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means…

Subrogation And The “Oklahoma Option”

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationBy JamieNovember 22, 2013

Drastic Re-Write of Comp Law Provides New Subrogation Options In the 1970s, the Oklahoma Sooners’ football team successfully began implementing a new offensive system known as the “option offense.” Sooner Coach Barry Switzer has been credited by many for having…

When Is A Vehicle Considered Totaled?

Auto, Med Pay, PIP, Newsletter, SubrogationBy JamieNovember 22, 2013

When and whether a vehicle involved in a collision is considered to be “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories about older, functioning automobiles being “totaled” simply…

Subrogation and the Hold-Harmless Release

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationBy JamieNovember 21, 2013

It is said that releases and settlement agreements “use a hundred words when ten would do” and there is a good reason for that. Those drafting the release want to include as much as possible within the future protections, claims…

Pennsylvania’s Workers’ Compensation Third-Party Dispute

Newsletter, Subrogation, Workers' CompensationBy JamieOctober 21, 2013

If you think the recent Congressional civil war over cutting entitlements and spending, raising the debt ceiling (again), and funding Obamacare was a melee, welcome to the ongoing dispute in Pennsylvania over whether a workers’ compensation carrier can initiate the…

Florida Supreme Court Limits Economic Loss Doctrine To Product Liability Cases

Newsletter, Product Liability, Property, SubrogationBy JamieOctober 21, 2013

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases…

Missouri Occupational Disease Claims Once Again Compensable

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationBy JamieOctober 21, 2013

Subrogation of Occupational Disease Claims Eliminated “Just when I thought I was out, they pull me back in.” – Al Pacino, Godfather III. In 2005, Missouri amended its statutes and divorced the compensability of occupational disease claims from its statutory…

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