It’s happened at least once to every subrogation professional. A significant claim file involving an auto accident in which liability appears to be a lock, suddenly goes into a tailspin when the other side denies the claim because the tortfeasor suffered a heart attack or blacked out as a result of some other sudden medical…
Matthiesen, Wickert & Lehrer would like to thank our clients and local counsel for a wonderful year and wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you, we hope your Christmas is full of holiday cheer shared with family and friends. For us at…
For the 9th year, MWL’s Hartford office donated toys to the Gingerbread House and Youth and Family Project Toy Drive, which benefits children of need in Washington and Waukesha counties in Wisconsin. We believe every child should share in the magic of the holidays! Thank you to Lisa Peters and her team of volunteers who…
Wilkie v. Hartford Underwriters Ins. Co., 494 P.3d 892 (Mont. 2021). A brand-new Montana Supreme Court decision has sounded off—sort of—in the nationwide debate over whether a liability insurer has a duty to provide liability policy limits to a third-party claimant when liability is reasonably clear. In particular, the new decision says that a pre-suit failure…
Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting. All this while your car follows a preset route, automatically changes lanes to avoid slower vehicles, after…
According to Arbitration Forums, Inc.’s website, the 5,200 members who subscribe to Arbitration Forums file over 949,000 disputes and nearly 1.7 million subrogation demands worth more than $13.9 billion in claims annually. Most of the insurance companies in the U.S. are members of Arbitration Forums under one or more of the programs offered by Arbitration…
The Washington Court of Appeals decision in Kosovan v. Omni Insurance Company, 2021 WL 4530640 (Wash. App. 2021), holds that a bad faith claim and a claim for violation of the Consumer Protection Act are both warranted when the PIP carrier attempts to subrogate its PIP payment before the insured is made whole. This case…
Ranking natural disasters tends to be somewhat arbitrary. Whether or not a storm which kills three people is worse than one which causes $1 billion in damages is perhaps something that should be left to philosophers and theologians. Ranking the “deadliest” natural disasters would undoubtedly result in a slightly different list. However, in the context…
During the brutal winter of 1620-21, Miles Standish, the English military officer hired by the Pilgrims as military advisor for Plymouth Colony and one of the Mayflower passengers, played a leading role in the administration and defense of the colony. His wife, Rose, suffered from sickness and fever throughout most of the winter, and when…
The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of catastrophic losses caused by natural disasters. When God sends a hurricane, tornado, flood, or naturally occurring fire, the resulting losses can be enough to put many insurance companies into receivership. With no third parties or obvious subrogation…