Subrogating “Dog Fright” Cases
“It’s not the size of the dog in the fight, it’s the size of the fight in the dog.” — Mark Twain One insurance company – State Farm – has referred to dog bites as a “serious public health problem.” In 2018…
Nationwide “Made Whole” War Being Waged On Subrogation
4.07[10] Made Whole Doctrine Until recently, the Made Whole Doctrine had not been applied outside the context of a bankruptcy proceeding in Connecticut.[1] However, the Connecticut Supreme Court has given us a clue as to how it will treat this…
Subrogation and the Gig Industry: Workers’ Compensation Subrogation, PEO, and Employee Leasing Companies
A huge segment of America’s service economy involves flexible, temporary, part-time, or freelance jobs—frequently involving professional employer organizations (PEO’s) or employee leasing companies. The “gig economy” is the labor market that relies on temporary and part-time positions filled by independent…
Oklahoma Court of Appeals Rules That Workers’ Compensation Carrier Can Subrogate Death Benefits
Amy Alexander, et al. v. Nam Duong and Sentinel Insurance Company, Case No. 120,320 (Okla. App. December 2, 2022) Oklahoma’s workers’ compensation laws have endured a long and tortured constitutional tug-of-war between trial lawyers and business advocates/subrogation professionals. In 2011,…
Mixed Damages and Made Whole in Iowa: Unraveling Yarn to Effectuate Recovery
What you don’t know can’t help you. That is certainly the case in Iowa when plaintiff’s attorneys claim no obligation to reimburse a carrier exists based on a general assertion that the insured was not made whole. This objection overlooks…
Trial Lawyers Fail in Bid to Make Connecticut a Made Whole Nightmare
Davis v. Adeoye, 2022 WL 16570653 (Conn. Super. 2022) For years, trial lawyers have been threatening and filing class action lawsuits in multiple states in an effort to thwart their arch nemesis—subrogation. States such as Montana have gone so far…
Shareholder Announcement
Matthiesen, Wickert & Lehrer, S.C. is pleased to announce the election of Richard A. Schuster, Esq. and Ashton T. Kirsch, Esq., to shareholder status in the firm. The firm is excited to welcome these two extremely talented attorneys as shareholders…