When Is A Vehicle Considered Totaled?

When and whether a vehicle involved in a collision is considered “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories of older but functioning vehicles being “totaled” simply due … Learn More

Mutual Insurance Company Subrogation

Matthiesen, Wickert & Lehrer, S.C. feels it is an honor and a privilege to represent all of its subrogation clients. However, mutual insurance companies hold a special place in our hearts because of their long and distinguished heritage in the … Learn More

Watson Grinding Explosion in Houston

On January 24, 2020, a massive explosion ripped through the Watson Grinding and Manufacturing facility in northwest Houston. The blast damaged 450 structures in the area surrounding the facility. MWL’s Texas office heard the news a few hours after the … Learn More

Massachusetts Weighs In On Third-Party Liability For Diminished Value Damages

Martins v. Vermont Mutual Ins. Co., 2019 WL 3818293 (D. Mass. 2019) A federal district court in Massachusetts has ruled that Massachusetts tort law does not provide for recovery of “inherent diminution in value” damages by a third-party claimant. The … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Zahra Aziz To The Firm

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

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