Monthly Archives: September 2013

New Jersey Court Of Appeals Imposes New Duty Specific To Persons Who Send Text Messages To Drivers

Kubert v. Best and Colonna, Superior Court of New Jersey Appellate Division, Docket No. A-1128-12T4 FACTS Plaintiffs were seriously injured by an 18-year-old driver who was texting while driving and crossed the centerline of the road. The plaintiffs’ clams for … Learn More

The Wisconsin Supreme Court Clarifies Definition Of “Occurrence”

Liability insurance policies provide insurance coverage only for accidental events and not for personal injury or property damage caused by an intentional act of their insured. To that end, insurance carriers generally include language in their policies providing coverage only … Learn More

Do Liability Waivers Really Work?

Gym owners, dance studios, night clubs, martial arts clubs, and other businesses often require their customers to sign liability waivers before they are allowed to engage in potentially dangerous physical activities. However, do these liability waivers really protect business owners … Learn More

Attending The 2013 NASP Conference In San Diego?

The National Association of Subrogation Professionals’ (NASP)  2013 Conference will take place in San Diego, California, November 3-6, 2013. MWL always makes every effort to keep in touch with its clients and we would like to take this opportunity to meet with any of our … Learn More

New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can … Learn More

Connecticut Adopts Made Whole Doctrine

Until July 30, 2013, Connecticut was still one of the few states which hadn’t officially adopted the equitable Made Whole Doctrine in a subrogation setting. However, the new Supreme Court decision in Fireman’s Fund Ins. Co. v. TD Banknorth Ins. … Learn More

North Dakota Continues To Avoid Common Fund Doctrine

The Common Fund Doctrine is an exception to the “American Rule,” which obligates each party in a lawsuit to pay its own attorneys’ fees. This Doctrine is applicable in situations where one party’s success in litigation creates a “common fund” … Learn More