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

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

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

Minnesota and Tennessee Pass Hands-Free Cell Phone Laws

On Tuesday, April 9th, the Minnesota legislature passed new hands-free legislation requiring drivers to have their cell phones in hands-free mode while their vehicle is moving. The law, signed by Gov. Tim Walz, goes into effect on August 1, 2019. … Learn More

The Red Light Traffic Camera Controversy

There is an ongoing and heated national debate over the growing practice of law enforcement using red light traffic cameras. More than 500 cities and other municipalities across the country have installed some form of red light camera systems to … Learn More

Kansas Declares Damage Caps Unconstitutional

On June 14, 2019, the Kansas Supreme Court issued a landmark decision that changes the landscape of personal injury and workers’ compensation third-party cases. In Hilburn v. Enerpipe Ltd., 2019 WL 2479464 (Kan. 2019), the Court declared K.S.A. § 60-19a02 … Learn More

Louisiana Supreme Court Limits Medical Damages for Tort Claimants

On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the Collateral Source Rule in personal injury lawsuits. This case will impact workers’ compensation subrogation recoveries in Louisiana by reducing the overall pool of recovery … Learn More

Uber, Lyft, And New York Loss Transfer

Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153 billion … Learn More

Sidewalk Defects and Municipal Liability: In Most States, Size Matters

Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases, the injury is a direct result of a municipality failing to institute and/or conscientiously follow … Learn More

Join MWL For A Complimentary Webinar on “Iowa Workers’ Compensation Subrogation: Simple Steps to Avoid Subrogation Traps”

Stephen Smith will present a live MWL webinar on “Iowa Workers’ Compensation Subrogation: Simple Steps To Avoid Subrogation Traps” on June 12, 2019 at 10:00-11:00 a.m. (CDT). Iowa’s workers’ comp statute is perhaps one of the most complicated in the … Learn More

Arizona Becomes 48th State To Prohibit Cell Phone Use While Driving

Every year, more than 170 billion cell phone texts are sent and received. Each year, an average of 3,000 people die and 450,000 are injured in motor vehicle accidents involving distracted drivers. Ten percent of all drivers who are 15 … Learn More