Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' Compensation

A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when it announced that a workers’ compensation carrier has no subrogation/reimbursement rights on the medical portion of a third-party claim against an uninsured/underinsured motorist (UM/UIM) carrier. The Court in Dever…

Wisconsin Appellate Court Clarifies Subjective And Objective Intent Requirements In Intentional Act Exclusion

Insurance Coverage, Insurance Defense, Newsletter

The Wisconsin Court of Appeals recently had occasion to address the issue of whether “subjective” and/or “objective” intent to cause injury must be found in the context of an intentional act exclusion. In Fetherstone v. Parks, ­2014 WI App. 2, the Court interpreted an American Family insurance policy to determine whether a showing of both…

Did Wisconsin Just Adopt The Twombly And Iqbal Heightened Federal Pleading Standard?

Insurance Coverage, Insurance Defense, Newsletter

On July 23, 2014, the Wisconsin Supreme Court decided Data Key Partners v. Permira Advisers LLC, 2014 WI 86. Remarkably, the decision appears to adopt the U.S. Supreme Court’s controversial decision in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). According to the minority opinion, the Court adopted Twombly without it having been briefed…

New Victories For Subrogation Against FDCPA Lawsuits

Contribution and Liability, Federal Debt Collection, Newsletter, Subrogation

For nearly twenty years, the plaintiffs’ bar and negligent third parties have been trying to use the Federal Debt Collection Practices Act (FDCPA) as a weapon against legitimate subrogation claims. While the fight continues, two recent federal district court decisions came down in favor of subrogation yet again. Both cases center on a third party’s…

Wisconsin Supreme Court Confirms Carrier’s “Equal Voice” In Third-Party Litigation

Newsletter, Subrogation, Workers' Compensation

Trial lawyers are already calling it a “travesty of justice” and I gave two media interviews about its significance within two hours of the decision being published. The truth is, however, the new Wisconsin Supreme Court case which is being decried as allowing a workers’ compensation carrier to “force” an employee to accept a settlement…

Gary Wickert’s Article Published in American Educational Institute’s Spring 2014 Law Update

Announcements, Subrogation

Gary Wickert’s article entitled “Gathering Pebbles: Subrogation’s Burden of Proof” was published in the American Educational Institute’s (AEI) Spring 2014 Claims Law Update, which can be viewed HERE. Gary will be speaking at this year’s SCLA Claims Education Conference in San Antonio, presenting on Recognizing Subrogation and Third-Party Liability. This conference is presented by AEI…