Monthly Archives: August 2014

2nd Circuit Strips Fully-Insured Plans Of Preemption Of New York Anti-Subrogation Law

For the time being, trial lawyers are celebrating the recent 2nd Circuit decision in Wurtz v. Rawlings Co., LLC, 2014 WL 3746801 (2nd Cir. 2014), which on July 31st, held that a class action suit seeking to enjoin three defendants … Learn More

Recovery Of Allocated Loss Adjustment Expenses In Property Subrogation Cases: Subrogating For More Than Your Insured’s Property Damage

Property insurers along all lines could simplify their business practices and lower their overhead considerably by simply paying any and all property damages, claims, expenses, and consequential damages alleged to have been incurred by and in the amounts claimed by … Learn More

Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits

A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when it announced that a workers’ compensation carrier has no subrogation/reimbursement rights on the medical … Learn More

Wisconsin Appellate Court Clarifies Subjective And Objective Intent Requirements In Intentional Act Exclusion

The Wisconsin Court of Appeals recently had occasion to address the issue of whether “subjective” and/or “objective” intent to cause injury must be found in the context of an intentional act exclusion. In Fetherstone v. Parks, ­2014 WI App. 2, … Learn More

Wisconsin Supreme Court Expands Coverage For Permissive Users Under Auto Policies

The Wisconsin Supreme Court recently expanded the scope of coverage under auto policies when it held an auto insurer must defend and indemnify a permissive user of the auto who is sued by the named insured. Blasing v. Zurich Amer. … Learn More

Did Wisconsin Just Adopt The Twombly And Iqbal Heightened Federal Pleading Standard?

On July 23, 2014, the Wisconsin Supreme Court decided Data Key Partners v. Permira Advisers LLC, 2014 WI 86. Remarkably, the decision appears to adopt the U.S. Supreme Court’s controversial decision in Bell Atl. Corp. v. Twombly, 550 U.S. 544 … Learn More