Pennsylvania Finally Picks A Side On Landlord/Tenant Implied Co-Insured Issue

Joella v. Cole, 2019 WL 5287987 (Pa. Super. 2019). The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant depends on which state the loss occurs in and … Learn More

MWL Lawyers/Speakers Featured At NASP Conference In Washington, D.C.

The 2019 National Association of Subrogation Professionals (NASP) Annual Conference will be held October 27 – 30 in Washington, D.C. Its lineup of speakers and topics is very good, as usual. MWL will have many experienced subrogation lawyers there who … Learn More

South Dakota Supreme Court Invents Policy Ambiguity, Denies Med Pay Subrogation

James v. State Farm Mutual Auto. Ins. Co., 929 N.W.2d 541 (S.D. 2019). The origins of auto insurance can be traced all the way back to the ancient Chinese when investors took out insurance policies on cargo ships crossing the … Learn More

Alaska Finally Rules On Application Of Admissibility Of Amount Of Medical Billed Versus Paid

For years, Alaska remained one of the last holdout states which had not provided any caselaw decisions to declare whether and what evidence of medical bill charges or payments could be introduced by the parties in a personal injury suit. … Learn More

Insurance Commissioner Overreached In Applying Made Whole Doctrine To Health Insurance Subrogation

Bayham v. State of Louisiana, Through the Office of Group Benefits, 2019 WL 4073410 (La. App. 2019). In a line from the History Channel’s television series Vikings, Viking chieftain Ragnar Lothbrok looks down at the village of Kattegat with his son … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Catherine Dowie To The Firm

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome attorney Catherine Dowie to the firm as a litigation associate in our Wisconsin office. Catherine is licensed to practice law in Massachusetts and Vermont and her practice focuses on national … Learn More

Florida Returns To Daubert Standard For Admission Of Expert Testimony

The ink was barely dry on Florida Supreme Court’s 2018 decision in DeLisle v. Crane Co., 2018 WL 5075302 (Fla., Oct. 15, 2018). That decision declared Florida’s § 90.702 — which adopted the Daubert standard for the admission of expert … Learn More

War Hazards Compensation Act Reimbursement Claims

It’s Like Taking Candy from a Very, Very Particular Baby 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 … Learn More

THE GENERAL CONTRACTOR PROBLEM: Paying Overhead and Profit in First-Party Claims

Standard homeowner policies pay personal property claims at actual cash value (ACV), which is the replacement cost (RC) of the damaged property based on its current used condition. In other words, it is valued at what it would cost to … Learn More

Zen And The Art Of Hospital Lien Maintenance

Understanding Hospital Liens in All 50 States The advent, development, and implementation of hospital and health care provider lien laws in the U.S. is a subject which has permeated civil litigation and personal injury law. Simply put, a hospital or … Learn More