Monthly Archives: February 2016

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

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 … Learn More

Subrogating Snowmageddon And Winter Roof Collapses

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 … Learn More

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

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 … Learn More

“Blast” Fax Exclusion Upheld In Wisconsin

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 … Learn More

Significant Changes To Wisconsin’s Dog Bite Statute

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” … Learn More

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

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) … Learn More