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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
    • Resource Links
    • Benefits Of Subrogation
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February 2016

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  2. 2016
  3. February

Massachusetts Supreme Court Ignores Clear Wording of Workers’ Compensation Subrogation Statute and Intent of Legislature

Newsletter, Subrogation, Workers' CompensationBy JamieFebruary 29, 2016

Since 1939, § 15 has provided that a workers’ compensation carrier receives first priority recovery from a third-party settlement or judgment. In particular, it provides that “the sum recovered” in the third-party action (also defined as the “gross sum received…

Subrogating Snowmageddon And Winter Roof Collapses

Construction Defect, Newsletter, Property, SubrogationBy JamieFebruary 23, 2016

As someone whose childhood winter chores included “shoveling the roof”, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record…

If A Tree Falls In The Forest, Does The Subrogation Department Hear It?

Newsletter, Property, SubrogationBy JamieFebruary 15, 2016

During my first decade of practicing law in Texas, I enjoyed a good professional relationship with Texas Governor Greg Abbott. In those days, Greg, who is my age and earned his law degree one year after me, was a young…

“Blast” Fax Exclusion Upheld In Wisconsin

Insurance Coverage, Insurance Defense, NewsletterBy JamieFebruary 10, 2016

Dealing with a situation that is annoying, if nothing else, to quite a few businesses, a Wisconsin Court of Appeals decision recently upheld an exclusion within an insurance policy that precluded coverage for allegations that it’s insured violated the Telephone…

Significant Changes To Wisconsin’s Dog Bite Statute

Insurance Coverage, Insurance Defense, Newsletter, PropertyBy JamieFebruary 9, 2016

Wisconsin’s so-called dog bite statute entitled “Owner’s Liability for Damage Caused by Dog” is currently set forth in Wis. Stat. § 174.02. Section 174.02(1)(a) deals with a “first bite” of a dog while § 174.02(1)(b) deals with a “second bite”…

Wisconsin Court Issues Decision Affecting Various Legal Issues In A “Bifurcation And Stay” Context

Insurance Coverage, Insurance Defense, NewsletterBy JamieFebruary 3, 2016

In the case of Lyle and Carol Hird v. American Family Mutual Insurance Company, Appeal No. 2014AP2402, a 2015 Wisconsin Court of Appeals decision dealt with allegations of (1) bad faith; (2) Wis. Stat. § 628.46(1) statutory interest; and (3)…

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