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Newsletter

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Pennsylvania State Flag

Spoliation In Pennsylvania Now Requires Proof Of “Bad Faith” Or Intentional Actions

Newsletter, PropertyOctober 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…

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General Contractor

General Contractor Overhead And Profit And AOB Insurance Scams

Newsletter, PropertySeptember 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…

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Arkansas Flag with Gavel

Arkansas Penalizes Workers’ Comp Carriers For Asserting Their Statutory Right Of Subrogation

Newsletter, Workers' CompensationSeptember 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.…

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Education is Key

TAKING THE RED PILL: Follow MWL Deeper Into The Matrix Of Subrogation Via Social Media

Newsletter, SubrogationSeptember 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.…

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Obstacle Hitting Wall

OCIPs, CCIPs, and Wrap-Up Insurance: The Lesser-Known Subrogation Obstacles

Newsletter, Workers' CompensationSeptember 14, 2020

Workers’ compensation subrogation has another growing adversary—one that can slip in during the cover of night, gutting subrogation, and reimbursement rights, even after an insurance company or third-party administrator has spent thousands of dollars in recovery efforts. It is known…

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Work Injury Sign

Subrogating Employees’ Intentional Act Damage Recoveries From An Employer Or Co-Employee

Newsletter, Workers' CompensationAugust 31, 2020

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits…

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Kansas Flag

Kansas Decision Reveals Danger of Not Intervening In Workers’ Compensation Third-Party Litigation

Newsletter, Workers' CompensationAugust 28, 2020

Kansas Decision Introduces Concept of “Statutory Deficit”. The Kansas Court of Appeals is holding class on why it is important to have subrogation counsel in workers’ compensation subrogation third-party cases – even in states which are favorable to carriers. In…

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New York Flag

New York Federal Court Clarifies Anti-Subrogation Rule

Newsletter, SubrogationAugust 27, 2020

New York’s anti-subrogation rule (“ASR”) is found in common law and is not statutorily based. The anti-subrogation rule is a common-law doctrine crafted by the New York Court of Appeals “both to prevent the insurer from passing the incidence of…

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Auto Mechanic

Repairing Vehicles Before Damages Can Be Inspected: Good Claims Practice or Spoliation?

Auto, Med Pay, PIP, NewsletterJuly 30, 2020

Good first-party claims practice requires prompt repair of damaged vehicles. Obviously, the time it takes to repair a damaged vehicle depends on the complexity of the claim, the nature and extent of the damages, and the availability of quality replacement…

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The Failed No-Fault Automobile Insurance Experiment

Auto, Med Pay, PIP, NewsletterJuly 15, 2020

In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through their own insurance company, regardless of fault. In…

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