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  • About
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    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
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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
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August 2014

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  2. 2014
  3. August

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

ERISA and Health Insurance, Newsletter, SubrogationBy JamieAugust 27, 2014

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…

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

Newsletter, Property, SubrogationBy JamieAugust 27, 2014

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…

Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationBy JamieAugust 27, 2014

A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when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…

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

Insurance Coverage, Insurance Defense, NewsletterBy JamieAugust 14, 2014

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,…

Wisconsin Supreme Court Expands Coverage For Permissive Users Under Auto Policies

Insurance Coverage, Insurance Defense, NewsletterBy JamieAugust 14, 2014

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.…

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

Insurance Coverage, Insurance Defense, NewsletterBy JamieAugust 14, 2014

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…

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