Florida Adopts “Frye Standard” For Experts

Posted by Gary L. Wickert on December 13, 2018

Florida’s tug-of-war between its courts and its legislature regarding the appropriate standard for a judge to use to assess the admissibility of an expert’s opinion testimony has finally been settled. On October 14, 2018, the Florida Supreme Court announced that … Learn More

Connecticut Supreme Court Loosens Restrictions On Subrogation Against Tenants

Posted by Gary L. Wickert on December 13, 2018

The Connecticut Supreme Court just made it easier for a landlord’s property insurer to subrogate against a tenant whose negligence causes damage to the landlord’s building. For years, Connecticut had followed the so-called “Sutton Rule” which holds that tenants are … Learn More

Illinois Supreme Court Opens Door To Employee Intervention After Statute of Limitations Runs

Posted on December 12, 2018

The Illinois Supreme Court has somewhat clarified an injured employee’s rights to pursue a third-party case by intervening into a third-party subrogation suit filed by the workers’ compensation carrier, even after the personal injury Statute of Limitations (“SOL”) runs. In … Learn More

New Jersey Court Confirms Workers’ Comp Carrier Can Subrogate Against No-Fault Driver

Posted by Gary L. Wickert on December 11, 2018

A recent New Jersey Superior Court Appellate Division decision has ostensibly settled a long-standing subrogation question with regard to whether a worker’s compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey … Learn More

An Earthquake Shouldn’t Shake Your Subrogation Claim

Posted by Aaron D. Plamann on December 6, 2018

On Friday, November 30th, a magnitude 7.0 earthquake struck Alaska, approximately 10 miles northeast of Anchorage. Thankfully, the damage appears to be limited mainly to property loss, and a lot of that can be attributed to Alaska’s stringent building codes … Learn More

Half A Million Reasons To Subrogate: A.O. Smith Recalls Fire-Causing Water Heaters

Posted by Gary L. Wickert on November 28, 2018

A.O. Smith Corporation, a manufacturer of water heaters located in Milwaukee, Wisconsin, recently announced a recall of more than 616,000 water heaters that are being blamed on causing numerous house fires. According to the U.S. Consumer Product Safety Commission (CPCS), … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Katherine Sandoval To The Firm

Posted on November 27, 2018

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Katherine Sandoval has joined our insurance litigation team as an associate attorney in our California office. Katherine’s litigation experience adds to a wealth of experience at MWL’s Orange office, … Learn More

New York Court Confirms Strength Of Workers’ Compensation Carrier’s Subrogation Lien

Posted by Gary L. Wickert on November 27, 2018

Subrogation professionals are duty-bound to maximize a workers’ compensation subrogation recovery for a workers’ compensation carrier and its insured employer, who is eager to maintain a favorable experience rating. They dream about claims in which they demand 100% of a … Learn More

Subrogating The Northern California Wildfire

Posted by Timothy L. Pagel on November 20, 2018

Fire-ravaged California is no stranger to the devastating loss of life and property at the hands of wildfires. This summer, a series of large wildfires erupted across California, mostly in the northern part of the state, including the destructive Carr … Learn More

SUBROGATION SAVOIR-FAIRE: What You Don’t Know Can Hurt You

Posted by Gary L. Wickert on November 16, 2018

Oh, that it wasn’t so, but today’s world of insurance claims adjusting, subrogation, and civil litigation rewards the ability of one party to take advantage of what the other party doesn’t know. A civil trial is known as an “adversary … Learn More