Understanding War Hazard Act (WHA) Subrogation Claims

Posted by Gary L. Wickert on November 13, 2020

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 Programs administers this Act, just as it does the Federal … Learn More

Florida’s Subrogation Trap

Posted by Gary L. Wickert on October 28, 2020

Subrogation professionals must be aware that Florida’s collateral source statute contains a trap for the unwary. Under F.S.A. § 768.76 (6), if a provider of collateral source benefits (e.g., Med Pay or health insurance benefits) does not respond to the … Learn More

Florida PIP Subrogation And The Mysterious Commercial Vehicle Exception

Posted by Elizabeth K. Hernandez on October 28, 2020

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

Understanding The Use Of Experts In Florida Subrogation Cases

Posted by Lee R. Wickert on October 27, 2020

Florida property subrogation is big business. It has the third-most automobiles on the road, behind California and Texas. It has the most condominium units of any state—by a country mile. According to the Insurance Information Institute, it is second only … Learn More

Florida PIP On The Chopping Block Once Again

Posted by Elizabeth K. Hernandez on October 27, 2020

In 2014, Florida surpassed New York becoming the third-most-populous state in the nation, and as of last year has an annual $1 trillion Gross Domestic Product (GDP) making it the 17th largest economy in the world. What happens in the … Learn More

Matthiesen, Wickert & Lehrer Launches New Jacksonville Branch Office And Welcomes Partner Elizabeth Hernandez To The Firm

Posted on October 26, 2020

Jacksonville, Florida Office Opens October 12, 2020. MWL is proud to announce the opening of its new Jacksonville, Florida subrogation law office. For years, MWL has represented workers’ comp carriers, auto carriers, self-insured companies, third-party adjusting companies, and subrogation vendors … Learn More

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