Recent Decisions Slowly Restoring Made Whole Sanity In Montana

Montana remains one of the toughest states to subrogate in because it has a very strict made whole policy. It is the rule in Montana that an insured must be totally reimbursed for all losses as well as costs, including … Learn More

WHERE’S THE BEEF? Subrogating Livestock/ Vehicle Collisions In Texas

There are 22 million vehicles registered in Texas. There are also 13 million head of cattle, the most in the country and over twice the number of the state with the second-most—Nebraska.[1] Cattle and cars intersect more often than insurance … Learn More

Merry Christmas and Happy New Year!

Matthiesen, Wickert & Lehrer, S.C. 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 … 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

Idaho Joins Minority of States Recognizing Third-Party Independent Tort of Spoliation

Raymond v. Idaho State Police, 451 P.3d 17 (Idaho 2019). “Spoliation” of evidence occurs when someone with an obligation to preserve evidence with regard to a legal claim neglects to do so or intentionally fails to do so. Such a … Learn More

MWL Donates Toys To The Gingerbread House Toy Drive

For the 7th 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. We believe every child should share in the magic of … Learn More

Employer Immunity And Other Urban Legends

Maryland Court Confuses Wisconsin Exclusive Remedy Rule For years now, lawyers, judges, and even courts in other states have been confused over the Exclusive Remedy Rule that exists here in Wisconsin. A clear example is the 1994 decision by the … Learn More

Beating the Statute of Limitations: Filing Suit Is Only Half The Battle

We are frequently asked by clients to file suit in a case where the statute of limitations expires in a matter of a day—even hours. In some cases, we are asked to file in order to toll an impending statute … 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

Oregon Senate Bill 421’s Effect On PIP And Health Insurance Subrogation Sounds Worse Than It Is

On March 23, 2015, Oregon Governor Kate Brown signed into law Senate Bill 421 which made PIP and UM/UIM subrogation much more intimidating, but perhaps only slightly more difficult. The new bill amended several Oregon statutes, doubled the PIP medical … Learn More