On August 8, 2016, the 11th Circuit issued its opinion in Humana v. Western Heritage, 15-11436 (11th Cir., August 8, 2016). It is a major victory for Medicare Advantage Organizations (MOAs) and a major blow to liability insurers. Matthiesen, Wickert…
Insurance subrogation professionals are routinely faced with minimum limits scenarios which complicate otherwise straightforward subrogation cases. When a third-party liability carrier’s insurance limits are insufficient to pay the claims of multiple claimants, the carrier must begin to assess the hierarchy…
The amount and dollar value of insurance claims relating to property loss alone dwarf all other lines of insurance. Water losses in the U.S. result in more than $9 billion in property damage annually. Fire losses result in more than…
The Ant And The Grasshopper: Improving Plan Subrogation Language For The Winter Ahead In a field one summer’s day a grasshopper was hopping about, chirping and singing to its heart’s content. A group of ants walked by, grunting as they…
“Move fast and break things. Unless you are breaking stuff, you are not moving fast enough,” Mark Zuckerberg famously said. Good advice, unless you’re a residential moving company. The residential home moving industry is changing rapidly and it’s essential that…
Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Sara Schmeling has joined the firm as an insurance litigation associate. Sara’s practice areas include insurance litigation and subrogation of all lines of insurance, with an emphasis on workers’…
In a recent major water and mold damage subrogation case in New York, the focus was on negligent maintenance and the failure to detect a major defect in a commercial HVAC system, which ultimately led to major water and mold…
While drafting this article, I looked up at a video monitor in my office which streams Fox News. Two men playing Pokémon Go had just fallen off a cliff in Encinitas, California. It was not reported at the time what…
In the 2003 Walt Disney blockbuster Pirates of the Caribbean: The Curse of the Black Pearl, Hector Barbossa and the crew of the Black Pearl are in a cavern trying to reverse their curse when Elizabeth invokes the right of…
Lauren M. Davis has joined the insurance litigation team at Matthiesen, Wickert & Lehrer, S.C. as an associate attorney in our New Orleans branch office. Formerly a litigator with Hangartner, Rydberg, and Terrell and a defense attorney with Sutterfield &…