New Jersey’s Dangerous “Entire Controversy Doctrine”

Posted by Gary L. Wickert on August 26, 2019

Subrogation Rights Can Be Lost Before They Are Pursued.  New Jersey common law employs an equitable doctrine known as the “Entire Controversy Doctrine” (ECD), which can be a trap for the unwary and used as a secret weapon to destroy … Learn More

Even Monkeys Cannot Explain Why Companies Insist on Workers’ Compensation Waivers of Subrogation Endorsements

Posted by Gary L. Wickert on August 21, 2019

Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is … Learn More

Washington Supreme Court Throws Automobile Subrogation Into Chaos

Posted by Gary L. Wickert on August 19, 2019

The Spanish philosopher George Santayana once said that, “Chaos is the name we give order which produces confusion in our minds.” With that definition in mind, the July 3, 2019 Washington Supreme Court decision of Daniels v. State Farm Mut. … Learn More

Amazon.com And The Liability Shield

Posted by Aaron D. Plamann on July 31, 2019

Amazon.com is the world’s largest online retail marketplace. In the subrogation world, it’s common knowledge that, in states that allow strict liability claims against entities in the supply chain, Amazon attempts to preclude any liability by arguing that it is … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Jake Simon To The Firm

Posted on July 30, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is very proud to announce that Jake Simon has joined our insurance litigation team as a litigating subrogation associate in our Hartford, Wisconsin office. Jake is a Badger and received his undergraduate degree at … Learn More

Delaware Workers’ Compensation Subrogation Rights Do Not Extend To PPD and Commutation Benefits

Posted by Gary L. Wickert on July 23, 2019

ACW Corporation v. Maxwell, 2019 WL 3024049 (Del. Super. 2019) In what seems like a never-ending assault on an employer’s/carrier’s statutory right of subrogation and reimbursement, a Delaware Superior Court—the state trial court of general jurisdiction which also serves as … Learn More

Subrogation Counsel, Data Breaches, And Cybersecurity

Posted by Gary L. Wickert on July 23, 2019

Carriers Are Only as Secure as Their Weakest Link What do you really know about the strengths and weakness of the cybersecurity measures taken by the subrogation counsel and recovery vendors you engage to assist with subrogation recoveries? This past … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Mark A. Solomon To The Firm

Posted on July 15, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome seasoned trial attorney Mark A. Solomon to the firm as a partner. Mark brings with him a wealth of litigation and insurance claims experience to MWL’s Austin, Texas office. After … Learn More

Texas Comp Carrier And Subrogation Attorney Sued For Fraud For Including Case Management Fees In Subrogation Lien

Posted by Gary L. Wickert on July 10, 2019

In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, … Learn More

Auto Insurer Argues Drunk Driving Accidents Not Covered Under Liability Policy: 5th Circuit Disagrees

Posted by Gary L. Wickert on July 8, 2019

Frederking v. Cincinnati Ins. Co., 2019 WL 2751700 (5th Cir. 2019). Carlos Sanchez got drunk and crashed into Richard Frederking while driving his employer’s vehicle insured by Cincinnati Insurance Company. Seriously injured, Frederking sued Sanchez in Texas state court and … Learn More