Monthly Archives: January 2015

“No Pay, No Play” May Limit Force-Placed Carriers’ Ability to Subrogate In Louisiana

“Force-placed insurance” is an insurance policy placed by a lender or bank on a home or vehicle when the property owners’ own insurance is cancelled, has lapsed or is deemed insufficient. This insurance insures the lender and allows the lender … Learn More

Meet The Expert: Charles A. Barnes, Sr.

Complex litigation and subrogation cases involving product liability and/or technical issues frequently require opinion testimony in the form of expert witnesses. The role of the expert is to educate lay judges and juries who lack knowledge about a particular issue … Learn More

Pennsylvania Supreme Court Clarifies State’s Products Liability Law

For years, Pennsylvania products liability law has been split between state and federal courts with regard to the applicable standard for proving a strict liability design defect case. Pennsylvania State Courts followed common law precedent flowing from a 1978 case, … Learn More

Squeezing Blood From The Uninsured Turnip: Suspension of Driver’s Licenses

Subrogating against uninsured drivers is one of the less glamorous aspects of automobile insurance subrogation. It is the pariah of our industry and could easily be featured on the Discovery Channel series, Dirty Jobs. Initiating subrogation against uninsured and judgment-proof … Learn More

Join MWL For A Webinar On February 24, 2015 – Medicare Advantage Update

Ryan Woody will be presenting a complimentary webinar entitled Medicare Advantage Update: Enforcing Your Rights Under The Medicare Secondary Payer Act on February 24, 2015 from 10:00-11:00 a.m. (CST). This webinar will discuss several recent decisions involving the rights of Medicare … Learn More

Wisconsin Holds College Student Not Insured Under Parent’s Homeowner’s Policy

In Schaefer v. Taylor and Amica Mutual Ins. Co., 2013 AP 2419 (2014), originating in Dane County, Wisconsin, the plaintiff was injured when the defendant struck her while snowboarding. The defendant was 21 and a full-time student. The defendant’s parents … Learn More

Arizona Court Of Appeals Defines “Keeper” Of A Dog

Arizona law imposes strict liability on dog owners for injuries and bites caused by their dog pursuant to A.R.S. §§ 11-1020 and 11-1025. Section 11-1020 states “injury to any person or damage to any property by a dog while at … Learn More

U.S. Seventh Circuit Court Of Appeals Interprets Wisconsin Mediation Statute And Privileges

In John Doe v. Archdiocese of Milwaukee, No. 13-3783 (2014), “John Doe” settled his sexual abuse claims against the Archdiocese of Milwaukee after participating in voluntary mediation. Doe signed a settlement agreement containing a confidentiality clause, another clause providing that … Learn More

Subrogation Featured In “Claims Journal” Column

For those who are not aware, in 2013, Claims Journal’s online magazine asked Gary Wickert to begin a new monthly column focusing on subrogation and related claims and insurance topics. Gary’s column entitled “The Road To Recovery” can be found … Learn More