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Matthiesen, Wickert & Lehrer S.C.
Matthiesen, Wickert & Lehrer S.C.
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      • Automobile Insurance Subrogation In All 50 States
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Newsletter

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Cases Settle

When Cases Settle: Release Language, Indemnity, Hold Harmless, and Other Concerns

Newsletter, SubrogationNovember 28, 2023

The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.”…

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Florida and Kentucky Wrestle with Matching Requirements in Homeowners’ Replacement Cost Claims

Newsletter, SubrogationNovember 13, 2023

One of the most difficult and confusing issues to deal with in the world of homeowner’s insurance property claims is the obligation to repair or replace an insured’s damage property with “material of like kind and quality” or with “similar…

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Delaware

DELAWARE SUPREME COURT REVERSES ITSELF: Allows Workers’ Compensation Subrogation of UIM Benefits

Newsletter, Workers' CompensationOctober 30, 2023

The ability of a workers’ compensation carrier to subrogate against and/or seek reimbursement from a recovery made from a third-party tortfeasor responsible for causing the employee’s work-related injuries is universally recognized across the country as a major tool for holding…

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Dram Shop

ARIZONA SUPREME COURT ELIMINATES COMMON LAW DRAM SHOP ACTIONS: Torres v. JAI Dining Services (Phoenix), Inc., 2023 WL 6801025 (Ariz. 2023)

NewsletterOctober 23, 2023

On October 16, 2023, the Arizona Supreme Court in Torres v. JAI Dining Services (Phoenix), Inc., ruled that the Arizona constitution does not protect common law dram shop actions, and thus, the legislature, by enacting a statutory dram shop claim,…

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Fuel

Subrogating Contaminated Fuel Claims

Newsletter, SubrogationOctober 9, 2023

Most of us don’t give much thought to contaminated gasoline and the tremendous property damage it can cause to vehicle engines and other equipment. But when an insurance company must pay out tens of thousands of dollars as a result…

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Evidence

INDIANA EXPANDS THIRD-PARTY TORT OF SPOLIATION Safeco Ins. Co. of Indiana v. Blue Sky Innovation Group, Inc., 211 N.E.3d 564, 568 (Ind. App. 2023)

Newsletter, SubrogationSeptember 25, 2023

Understanding spoliation has become an increasingly integral and important aspect of effective subrogation efforts. Without the necessary evidence and investigation required for a subrogated insurance company to meet its burden of proving the origin and cause of a fire or…

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Hay

Making Subrogation While the Hay Shines

Newsletter, SubrogationSeptember 18, 2023

Texas is by far the biggest producer of hay in the United States; with Missouri and Nebraska a distant second and third. Feeding livestock is the number one use of hay, as almost any animal on a farm or ranch…

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Subrogating Livestock/Vehicle Collisions in all 50 states

Juris Publishers Releases MWL Livestock Litigation Book

Announcements, NewsletterSeptember 11, 2023

For the last ten years MWL has self-published and distributed its book entitled “Where’s The Beef?: Subrogating Livestock/Vehicle Collisions in All 50 States.” Recently, the firm has partnered with its legal treatise publisher, Juris Publishers, Inc. in New York, to…

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Made Whole

Made Whole Doctrine Class Action Suits and Bad Faith Litigation Continue to Threaten Subrogation Claims

NewsletterAugust 21, 2023

One of the most successful weapons trial lawyers have discovered in combatting subrogation across the country has been the Made Whole Doctrine. It requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer…

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Security Footage May Have Captured Origin of Hawaii Wildfires

Newsletter, Property, SubrogationAugust 18, 2023

What Happened The island of Maui, Hawaii was the unfortunate victim to catastrophic wildfires on August 8, 2023. Sources and authorities say that throughout the day and night of August 8, several brush fires were ignited all over the island…

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1111 E. Sumner St.
PO Box 270670
Hartford, WI 53027

Louisiana Office

101 W. Robert E. Lee Blvd.
Ste. 401
New Orleans, LA 70124

California Office

1851 East First St.
Ste. 1150
Santa Ana, CA 92705

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11940 Jollyville Rd.
Ste. 215N
Austin, TX 78759

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1301 Riverplace Blvd.
Ste. 2140
Jacksonville, FL 32207

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99 Derby St.
Ste. 200
Hingham, MA 02043

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