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

Posted by Gary L. Wickert on October 6, 2020

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

General Contractor Overhead And Profit And AOB Insurance Scams

Posted by Gary L. Wickert on September 29, 2020

A storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage of a much more insidious nature. Following a storm or other natural disaster, canvassers hired by the “hail cartel”—lawyers or … Learn More

Arkansas Penalizes Workers’ Comp Carriers For Asserting Their Statutory Right Of Subrogation

Posted by James T. Busenlener on September 28, 2020

When it comes to the apparent evils of workers’ compensation subrogation, the state of Arkansas truly believes that all an injured employee ever wants is a fair advantage. In Liberty Mutual Ins. Co. v. Youngblood, 2020 WL 5542443 (Ark. App. … Learn More

TAKING THE RED PILL: Follow MWL Deeper Into The Matrix Of Subrogation Via Social Media

Posted by Gary L. Wickert on September 16, 2020

The vagaries and complexity of nationwide subrogation have, for many lawyers and insurance professionals, made keeping current with changing subrogation law in all fifty states an arduous and laborious task. It is the goal of Matthiesen, Wickert & Lehrer, S.C. … Learn More

OCIPs, CCIPs, and Wrap-Up Insurance: The Lesser-Known Subrogation Obstacles

Posted by Gary L. Wickert on September 14, 2020

Workers’ compensation subrogation has another growing adversary—one that can slip in during the cover of night, gutting subrogation, and reimbursement rights, even after an insurance company or third-party administrator has spent thousands of dollars in recovery efforts. It is known … Learn More

Subrogating Employees’ Intentional Act Damage Recoveries From An Employer Or Co-Employee

Posted by Gary L. Wickert on August 31, 2020

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits … Learn More

Kansas Decision Reveals Danger of Not Intervening In Workers’ Compensation Third-Party Litigation

Posted by Lee R. Wickert on August 28, 2020

Kansas Decision Introduces Concept of “Statutory Deficit”. The Kansas Court of Appeals is holding class on why it is important to have subrogation counsel in workers’ compensation subrogation third-party cases – even in states which are favorable to carriers. In … Learn More

New York Federal Court Clarifies Anti-Subrogation Rule

Posted by Jacob A. Simon on August 27, 2020

New York’s anti-subrogation rule (“ASR”) is found in common law and is not statutorily based. The anti-subrogation rule is a common-law doctrine crafted by the New York Court of Appeals “both to prevent the insurer from passing the incidence of … Learn More

Repairing Vehicles Before Damages Can Be Inspected: Good Claims Practice or Spoliation?

Posted by Lee R. Wickert on July 30, 2020

Good first-party claims practice requires prompt repair of damaged vehicles. Obviously, the time it takes to repair a damaged vehicle depends on the complexity of the claim, the nature and extent of the damages, and the availability of quality replacement … Learn More

The Failed No-Fault Automobile Insurance Experiment

Posted by Gary L. Wickert on July 15, 2020

In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through their own insurance company, regardless of fault. In … Learn More