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      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
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2013

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  2. 2013

Texas State Flag

WEST FERTILIZER COMPANY EXPLOSION IN TEXAS: The Importance of NFPA 921 in Fire and Explosion Subrogation

Newsletter, Property, SubrogationBy JamieMay 23, 2013

On April 17, 2013, a fire of as-of-yet-undetermined origin at the West Fertilizer Company in West, Texas ignited as much as 270 tons of ammonium nitrate being stored at the facility. The resulting blast left a 90-foot-wide crater and caused…

Business - Sales Tax

SALES AND USE TAXES ON SUBROGATION SERVICES: Navigating The Sales Tax Maze In South Dakota, New Mexico, And Hawaii

Newsletter, Property, SubrogationBy JamieMay 23, 2013

As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of imposing a tax on professional services, whether as a sales tax (including…

Product Liability Law

PRODUCTS LIABILITY TEST CHANGED IN WISCONSIN: Wisconsin Follows Trend Towards Adopting Restatement (Third) Of Torts

Newsletter, Product Liability, Property, SubrogationBy JamieMay 20, 2013

A rapidly changing area of insurance defense involves products causing injury or damage to people and property. Many states are moving towards adopting the standards set by the Restatement (Third) of Torts, and Wisconsin is no different. On February 1,…

Wisconsin State Flag

New Underinsured Motorist Coverage Case Decided By The Wisconsin Supreme Court

Insurance Coverage, Insurance Defense, NewsletterBy JamieMay 20, 2013

In Bethke v. Auto-Owners Ins. Co., 2013 WI 16 (2013), the plaintiffs sought underinsured motorist (UIM) coverage under a policy issued by Auto-Owners (“Owners”) as a result of an automobile accident caused by an allegedly negligent driver of a rental…

MWL Splash Event

MWL Hosts Event at Splash Studio – A Painting Bar

Community OutreachBy JamieMay 18, 2013

On May 18, 2013, MWL hosted an event for their staff and guests at the Splash Studio, a painting bar, located in heart of the Historic Third Ward arts and cultural district in Milwaukee. The Splash Studio’s interior felt like a…

Ryan L. Woody Honored

Ruffed Grouse Society Honors Ryan L. Woody At Milwaukee Banquet

Announcements, Community OutreachBy JamieApril 30, 2013

The Ruffed Grouse Society honored Attorney Ryan L. Woody on April 22, 2013 for his work on behalf of the organization in national conservation issues, including an amicus brief in a recent U.S. Supreme Court decision.

Health Benefits Claim Form

A Victory For FEHBA Subrogation

ERISA and Health Insurance, Newsletter, SubrogationBy JamieApril 17, 2013

Court Recognizes Importance of Subrogation In Reducing Premiums: Calingo v. Meridian Resource Co., LLC, 2013 WL 1250448 (S.D.N.Y. 2013). The U.S. government sponsors more than 350 different health Plans covering more than nine million federal employees, retirees, and beneficiaries through the…

U.S. Supreme Court

A VICTORY FOR ERISA SUBROGATION!

ERISA and Health Insurance, Newsletter, SubrogationBy JamieApril 17, 2013

U.S. Supreme Court Unanimously Holds Equity Does Not Trump Plan Language On April 16, 2013, the U.S. Supreme Court issued its long-anticipated decision in U.S. Airways, Inc. v. McCutchen, 2013 WL 1567371 (2013), a case in which the future of ERISA…

Minnesota Flag

Minnesota Ruling On UM/UIM Subrogation Proves Timing Is Everything

Auto, Med Pay, PIP, NewsletterBy JamieApril 1, 2013

A new Minnesota Court of Appeals decision makes clear that timing is everything when it comes to UIM subrogation. The court’s decision in Russell v. Haji-Ali, 826 N.W.2d 216 (Minn. App. 2013) means that a claims professional settling a uninsured/underinsured…

Arkansas Flag with Gavel

Arkansas Supreme Court Confirms PIP/Med Pay Subrogation Rights

Auto, Med Pay, PIP, Newsletter, SubrogationBy JamieApril 1, 2013

Until recently, there had been a big question over whether a PIP or Med Pay carrier had a right of subrogation in Arkansas. A.C.A. § 23-79-146 authorizes subrogation rights for any casualty insurer, accident and health insurer. It provides as…

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