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    • Nationwide Insurance Subrogation
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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
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2018

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  2. 2018

Arizona Reverses Itself On Post-Settlement Trials

Newsletter, Workers' CompensationBy JamieAugust 24, 2018

Work Comp Third-Party Settlement Not Subject to Aitken Reduction In Arizona, a workers’ compensation carrier’s statutory lien under § 23–1023 is subject to being reduced if an employer is found to be negligent by a jury. In Aitken v. Indus.…

Subrogable: Is It Or Isn’t It A Word?

Newsletter, SubrogationBy JamieAugust 17, 2018

Setting the Record Straight We are just as guilty as everyone else. Words matter, and in our industry, they are our tools. Therefore, using the right words would seem to be a priority. Making them up isn’t. Our firm reviews…

Non-Standard Auto Insurance Subrogation

Auto, Med Pay, PIP, NewsletterBy JamieAugust 16, 2018

Even non-standard auto insurers enjoy getting checks in the mail. The effective subrogation of Med Pay, PIP, UM/UIM, and collision claims by non-standard auto insurers means money coming into a segment of the insurance industry that historically has been much…

Check Your Everlotus Supply Lines: Interline Brands Settles Class Action Lawsuit Involving DuraPro Toilet Connectors

Newsletter, PropertyBy JamieAugust 8, 2018

Almost everyone involved in handling property damage subrogation has faced a claim involving a failed water supply line that was sold or distributed by Interline Brands, Inc. These supply lines are often identified as “Everlotus” supply lines based on the…

Tautology And The Art Of Listening

Newsletter, SubrogationBy JamieAugust 3, 2018

We only hear half of what we listen to. Perhaps that is why most people instinctively use tautology when they write or speak. Tautology is the use of different words to say the same thing or repeating the same thing…

Auto Insurer Doesn’t Have To Reimburse 100% Of Deductible In Order To Make Its Insured Whole

Auto, Med Pay, PIP, NewsletterBy JamieJuly 24, 2018

Most auto insurance policies require their insured to pay a deductible when a claim is made. If the auto carrier is successful in subrogating a particular loss against a third party and recovers its claim payments, the issue often becomes…

Why Molten Lava And Insurance Don’t Mix

Newsletter, PropertyBy JamieJuly 16, 2018

Subrogating Pele and the Goddess of Fire In the Hawaiian religion, Tūtū Pele is the goddess of fire and volcanoes and the creator of the Hawaiian Islands. Hawaiians believe Kilauea to be inhabited by a “family of fire gods”, one…

Another State Bans Hand-Held Devices While Driving

Auto, Med Pay, PIP, NewsletterBy JamieJuly 11, 2018

Georgia has joined fifteen other states which have outlawed the use of hand-held cellphones and mobile devices while driving. A new law signed by Governor Nathan Deal makes watching movies, shooting video, and even the mere “holding” of hand-held devices…

New Legislation On Discovery And Statutes Of Limitations

Insurance Defense, NewsletterBy JamieJuly 10, 2018

On April 3, 2018, the Wisconsin Legislature enacted 2017 Wis. Act 235 which substantially changes certain rules governing civil litigation in Wisconsin. Included in this Act are new rules regarding discovery practice and the Rules of Civil Procedure. It is…

Wisconsin Supreme Court Clarifies Event Triggering Notice-of-Claim Requirement In UIM Policy

Insurance Coverage, NewsletterBy JamieJune 27, 2018

On April 5, 2018, the Wisconsin Supreme Court held that the operative event which triggers a notice of claim requirement in an underinsured motorist (UIM) policy is the tender of the tortfeasor’s underlying policy limit and not the accident itself.…

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