Happy Thanksgiving From Matthiesen, Wickert & Lehrer, S.C.

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. … Learn More

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.” … Learn More

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 … Learn More

Understanding War Hazard Act (WHA) Subrogation Claims

Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950. The Office of Workers’ Compensation Programs administers this Act, just as it does the Federal … Learn More

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 … Learn More

Florida PIP Subrogation And The Mysterious Commercial Vehicle Exception

Let’s just say it. Florida PIP subrogation is a pain in the butt. The state was almost out of the weeds in 2007 when its no-fault laws automatically sunsetted; but the legislature passed a new no-fault law which took effect … Learn More

Understanding The Use Of Experts In Florida Subrogation Cases

Florida property subrogation is big business. It has the third-most automobiles on the road, behind California and Texas. It has the most condominium units of any state—by a country mile. According to the Insurance Information Institute, it is second only … Learn More

Florida PIP On The Chopping Block Once Again

In 2014, Florida surpassed New York becoming the third-most-populous state in the nation, and as of last year has an annual $1 trillion Gross Domestic Product (GDP) making it the 17th largest economy in the world. What happens in the … Learn More

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 … Learn More

Spoliation In Pennsylvania Now Requires Proof Of “Bad Faith” Or Intentional Actions

Spoliation has become a growing problem in the world of insurance subrogation. Far too often, claims representatives or subrogation professionals fail to secure defective products or other evidence important to a future subrogation claim. In far too many cases, the … Learn More