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  • About
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  • Practice Areas
    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
    • Mediation Services
  • 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
    • Benefits Of Subrogation
  • Webinars
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    • Refer A File
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September 2013

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  2. 2013
  3. September

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

Auto, Med Pay, PIP, Contribution and Liability, Insurance Coverage, Insurance Defense, NewsletterBy JamieSeptember 30, 2013

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…

The Wisconsin Supreme Court Clarifies Definition Of “Occurrence”

Insurance Coverage, Insurance Defense, NewsletterBy JamieSeptember 30, 2013

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…

Do Liability Waivers Really Work?

Contribution and Liability, Insurance Coverage, Insurance Defense, NewsletterBy JamieSeptember 30, 2013

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…

Attending The 2013 NASP Conference In San Diego?

NewsletterBy JamieSeptember 19, 2013

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…

New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Contribution and Liability, Newsletter, Property, SubrogationBy JamieSeptember 18, 2013

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…

Connecticut Adopts Made Whole Doctrine

Newsletter, Property, SubrogationBy JamieSeptember 18, 2013

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.…

North Dakota Continues To Avoid Common Fund Doctrine

ERISA and Health Insurance, Newsletter, SubrogationBy JamieSeptember 18, 2013

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”…

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