Subrogation against a negligent tenant by a landlord’s property insurer is a major source of recovery income for many insurers. Unfortunately, as is all too often the case, the law in many states has been developed in such a way…
In Moya v. Aurora Healthcare, Inc. and HealthPort Technologies, LLC, Appeal No. 2014AP2236, the Wisconsin Court of Appeals decided a case involving the construction and interpretation of Wis. Stats. §§ 146.81-146.83 to determine whether personal injury attorneys are exempt from the…
Allstate’s insured was involved in an automobile accident with a plaintiff in which it was alleged that Allstate’s insured was negligent causing injury to the plaintiff. Allstate had issued a policy of liability insurance to the driver and her husband,…
Since 1939, § 15 has provided that a workers’ compensation carrier receives first priority recovery from a third-party settlement or judgment. In particular, it provides that “the sum recovered” in the third-party action (also defined as the “gross sum received…
As someone whose childhood winter chores included “shoveling the roof”, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record…
During my first decade of practicing law in Texas, I enjoyed a good professional relationship with Texas Governor Greg Abbott. In those days, Greg, who is my age and earned his law degree one year after me, was a young…
Dealing with a situation that is annoying, if nothing else, to quite a few businesses, a Wisconsin Court of Appeals decision recently upheld an exclusion within an insurance policy that precluded coverage for allegations that it’s insured violated the Telephone…
Wisconsin’s so-called dog bite statute entitled “Owner’s Liability for Damage Caused by Dog” is currently set forth in Wis. Stat. § 174.02. Section 174.02(1)(a) deals with a “first bite” of a dog while § 174.02(1)(b) deals with a “second bite”…
In the case of Lyle and Carol Hird v. American Family Mutual Insurance Company, Appeal No. 2014AP2402, a 2015 Wisconsin Court of Appeals decision dealt with allegations of (1) bad faith; (2) Wis. Stat. § 628.46(1) statutory interest; and (3)…
Gary L. Wickert will be presenting a complimentary webinar on February 25, 2016 at 10:00 a.m. (Central) on Introduction To Property and Casualty Subrogation. From recognition of subrogation in difficult fact settings to effective and thorough, yet cost-effective, investigation of natural…