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Matthiesen, Wickert & Lehrer S.C.
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  • About
  • Attorneys
  • Practice Areas
    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
    • Mediation Services
  • Resources
    • Newsletters
    • Laws By State
    • Published Articles
    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
      • Workers’ Compensation Subrogation In All 50 States
      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
    • Reference Charts
    • Resource Links
    • Benefits Of Subrogation
  • Webinars
  • Blog
  • Contact
    • Refer A File
      • Printable Referral Forms
    • Ask A Subrogation Question
    • Subscribe to Newsletter
    • FAQs

August 2019

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New Jersey Flag

New Jersey’s Dangerous “Entire Controversy Doctrine”

Newsletter, PropertyBy JamieAugust 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…

Monkey Face

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

Newsletter, Workers' CompensationBy JamieAugust 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…

Washington State Flag

Washington Supreme Court Throws Automobile Subrogation Into Chaos

Auto, Med Pay, PIP, NewsletterBy JamieAugust 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.…

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