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  • About
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    • Nationwide Insurance Subrogation
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  • Resources
    • Newsletters
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    • Published Articles
    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
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      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
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2017

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  2. 2017

Questionable Hawai’i Court of Appeals Decision Creates Interesting Workers’ Compensation Subrogation Opportunities

Newsletter, Workers' CompensationBy JamieFebruary 27, 2017

If a contest were held for the worst appellate decision of 2017, we might already have a winner. The recent unpublished Hawai’i Court of Appeals decision in Hawaiian Dredging Constr. Co., Inc. v. Fujikawa Assocs., Inc., 2017 WL 663540 (Haw.…

Nebraska Supreme Court Sidesteps Issues Of Future Credit And Made Whole Doctrine In Workers’ Compensation Subrogation

Newsletter, Workers' CompensationBy JamieFebruary 17, 2017

Trial lawyers in Nebraska had high hopes that a questionable Court of Appeals decision from early 2016 might reinject the equitable Made Whole Doctrine into Nebraska workers’ compensation subrogation and eliminate any right of the carrier to a future credit…

How To Sue Yourself And Win

Auto, Med Pay, PIP, NewsletterBy JamieFebruary 10, 2017

The new American horror film “Split”, directed by M. Night Shyamalan, recently in theaters, is a psychological thriller which centers on a bizarre antagonist with 23 separate personalities. Without spoiling the plot, suffice it to say that it focuses on…

Kansas Court Of Appeals Underscores Need For Subrogation Counsel In Third-Party Actions

Newsletter, Workers' CompensationBy JamieJanuary 27, 2017

Heimerman v. Rose, 2017 WL 130123 (Kan. App. 2017) On August 31, 2013, Dan Heimerman was driving in Kansas, while employed by Northern Clearing, Inc., (“Northern”) and was killed when he was rear-ended by a dump truck driven by Zachary…

Subrogation Featured In “Claims Journal” Column

Newsletter, SubrogationBy JamieJanuary 23, 2017

It has now been four years since 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 HERE.…

Idaho Supreme Court Prohibits Negligent Employer Or Its Carrier From Subrogating

Newsletter, Workers' CompensationBy JamieJanuary 19, 2017

The last 40 years have been a roulette wheel of changing opinions and positions for the Idaho Supreme Court with regard to the subrogation and reimbursement rights of an employer or its workers’ compensation carrier when there is employer negligence.…

The Slippery Slope Of Slip And Fall Cases Involving Snow And Ice

Newsletter, PropertyBy JamieJanuary 17, 2017

Injury and workers’ compensation cases involving slips and falls on snow and ice during winter in America’s northern states continue to be a perplexing subrogation puzzle for insurance claims and subrogation professionals. During the winter months, our office sees a…

LIBERTY VERSUS TYRRANY: More States Pass Laws Outlawing Cell Phone Use While Driving

Auto, Med Pay, PIP, Newsletter, PropertyBy JamieJanuary 11, 2017

Every year, more than 170 billion cell phone texts are sent and received. Each year, an average of 3,000 people die and 450,000 are injured in motor vehicle accidents involving distracted drivers. Ten percent of all drivers who are 15…

¿Dónde Están Mis Beneficios? Workers’ Compensation Claims By Undocumented Employees

Newsletter, Workers' CompensationBy JamieJanuary 4, 2017

Following an election cycle in which illegal immigration became a touchstone issue, it seems only appropriate that claims handlers and subrogation professionals have a clear understanding of the many nuances involving workers’ compensation claims made by undocumented employees. Indeed, with…

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