Marshall Colorado Wildfire

Settling Subrogation Claims And The Dreaded Release: Release Language, Indemnity, Hold Harmless, and Other Concerns

The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” The meme itself connotes setting loose utter destruction on one’s enemy—a description which can be…

Arizona Flag

Arizona Court Rules Med Pay Carrier Only Responsible For Paying Reasonable Medical Expenses—Not Amount Billed To Insured

In the continuing struggle between recovery of medical expenses billed vs. recovery of discounted medical expenses paid by insurers, an Arizona federal court has sounded off on the duty and obligation of a Med Pay carrier with respect to paying its insured for medical bills. In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113…

Subrogation Trap

Florida’s Subrogation Trap

Subrogation professionals must be aware that Florida’s collateral source statute contains a trap for the unwary. Under F.S.A. § 768.76 (6), if a provider of collateral source benefits (e.g., Med Pay or health insurance benefits) does not respond to the insured’s request for a statement asserting the subrogated lien amount within thirty (30) days, the…

Jacksonville, Florida Skyline

Matthiesen, Wickert & Lehrer Launches New Jacksonville Branch Office And Welcomes Partner Elizabeth Hernandez To The Firm

Jacksonville, Florida Office Opens October 12, 2020. MWL is proud to announce the opening of its new Jacksonville, Florida subrogation law office. For years, MWL has represented workers’ comp carriers, auto carriers, self-insured companies, third-party adjusting companies, and subrogation vendors throughout the Sunshine State. MWL has enjoyed a subrogation partnership with the City of Jacksonville…