Monthly Archives: February 2015

Settling Workers’ Compensation Subrogation Claims

Plan For The Best, Expect The Worst, And Prepare To Be Surprised Thomas Reid once said, “There is no greater impediment to the advancement of knowledge than the ambiguity of words.” Nowhere is this truism as important than in the … Learn More

WHEN WORLDS COLLIDE: Workers’ Comp Subrogation Of UM Benefits In Louisiana

There is a great deal of confusion in Louisiana regarding whether a workers’ compensation carrier can subrogate against or receive reimbursement from the proceeds of an uninsured or underinsured (UM/UIM) automobile policy. The Louisiana Supreme Court has unequivocally stated that … Learn More

WHERE’S THE PAINT? Subrogating Paint Overspray Claims

More than 1,000 vehicles a day are damaged by paint overspray in the United States, resulting in more than one-half of a billion dollars in damage and insurance claims annually. Airborne paint overspray results from all sorts of industrial, commercial, … Learn More

Wisconsin Supreme Court Clarifies When Homeowner Can Be Held Liable For Negligent Acts Of Independent Contractor

The independent contractor rule in Wisconsin generally provides that “one who contracts for the services of an independent contractor is not liable to others for the acts of the independent contractor.” Lofy v. Joint School District 2, 42 Wis.2d 253, … Learn More

Wisconsin Supreme Court Finds Cow Manure To Be A Pollutant

In Wilson Mutual v. Falk, et al., 2014 WI 136, 2014, the insureds were owners and operators of a dairy farm in Washington County, Wisconsin, and the defendants were all neighbors of the insureds. In early 2011, the insureds spread … Learn More