Monthly Archives: August 2019

New Jersey’s Dangerous “Entire Controversy Doctrine”

Posted by Gary L. Wickert on August 26, 2019

Subrogation Rights Can Be Lost Before They Are Pursued.  New Jersey common law employs an equitable doctrine known as the “Entire Controversy Doctrine” (ECD), which can be a trap for the unwary and used as a secret weapon to destroy … Learn More

Even Monkeys Cannot Explain Why Companies Insist on Workers’ Compensation Waivers of Subrogation Endorsements

Posted by Gary L. Wickert on August 21, 2019

Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is … Learn More

Washington Supreme Court Throws Automobile Subrogation Into Chaos

Posted by Gary L. Wickert on August 19, 2019

The Spanish philosopher George Santayana once said that, “Chaos is the name we give order which produces confusion in our minds.” With that definition in mind, the July 3, 2019 Washington Supreme Court decision of Daniels v. State Farm Mut. … Learn More