The Ten Worst Natural Disasters In U.S. History

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 … Learn More

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

Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike

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 … Learn More

Earth-Shaking Subrogation Recoveries

Matthiesen, Wickert & Lehrer (MWL) takes pride in our efforts to constantly innovate and use creative legal theories to facilitate recoveries for our clients. Our firm has been actively involved in the pursuit of investigation and litigation of claims against … Learn More

Wildfire Subrogation In California Is A Hot Topic

Wildfires are a natural part of California’s landscape, but they have become larger and more damaging recently. A recent study by the University of Washington and UC-Santa Barbara looked at the long-term future of wildfires and reveals that a buildup … Learn More

Subrogating Texas Freeze Damage Claims

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it … Learn More

Montana Abandons Collateral Source Rule And Joins Minority Of States Which Only Allow Recovery Of Medical Expenses Actually Billed

SB 251 Passes Effective April 30, 2021. A favorite quote of mine from the 2001 Jerry Zucker movie “Rat Race” goes like this: “Good things take time; but great things happen all at once.” Most of the time, laws change … Learn More

Court Of Appeals Rejects Carrier’s Challenge To Settling Around Workers’ Compensation Lien

Moreci v. Scaffold Solutions, Inc., 2021 WL 4397397 (Calif. App. 2021). A valiant effort by a California workers’ compensation carrier to make it more difficult for an employee to argue employer fault and settle around a workers’ compensation carrier’s statutory … Learn More

Wisconsin UM/UIM Carrier Cannot Reduce Payments By Amount of Reimbursed Workers’ Compensation Benefits

Secura Sup. Ins. Co. v. Est. of Huck, 2021 WL 4449249 (Wis. App. 2021). A new Wisconsin Court of Appeals decision has ruled that an uninsured/underinsured (UM/UIM) automobile insurance carrier cannot reduce UM/UIM payments to its insured by the amount … Learn More

Which Workers’ Compensation “Benefits” Can Be Subrogated?

Recovery of Case Management Costs, Medical Bill Audit fees, Rehabilitation Benefits, Utilization Review Costs, IME’s, Nurse Case Worker Fees, Attorneys’ Fees, and Other “Allocated” Loss Adjustment Expenses. It’s the question every claims professional and trial attorney claims to know but … Learn More