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Newsletter

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Homeowners Insurance Policy

THE GENERAL CONTRACTOR PROBLEM: Paying Overhead and Profit in First-Party Claims

Newsletter, PropertySeptember 26, 2019

Standard homeowner policies pay personal property claims at actual cash value (ACV), which is the replacement cost (RC) of the damaged property based on its current used condition. In other words, it is valued at what it would cost to…

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Stethoscope with Money

Zen And The Art Of Hospital Lien Maintenance

Newsletter, Workers' CompensationSeptember 16, 2019

Understanding Hospital Liens in All 50 States The advent, development, and implementation of hospital and health care provider lien laws in the U.S. is a subject which has permeated civil litigation and personal injury law. Simply put, a hospital or…

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New Jersey Flag

New Jersey’s Dangerous “Entire Controversy Doctrine”

Newsletter, PropertyAugust 26, 2019

Subrogation Rights Can Be Lost Before They Are Pursued.  New Jersey common law employs an equitable doctrine known as the “Entire Controversy Doctrine” (ECD), which can be a trap for the unwary and used as a secret weapon to destroy…

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Monkey Face

Even Monkeys Cannot Explain Why Companies Insist on Workers’ Compensation Waivers of Subrogation Endorsements

Newsletter, Workers' CompensationAugust 21, 2019

Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is…

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Washington State Flag

Washington Supreme Court Throws Automobile Subrogation Into Chaos

Auto, Med Pay, PIP, NewsletterAugust 19, 2019

The Spanish philosopher George Santayana once said that, “Chaos is the name we give order which produces confusion in our minds.” With that definition in mind, the July 3, 2019 Washington Supreme Court decision of Daniels v. State Farm Mut.…

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Amazon Retailer

Amazon.com And The Liability Shield

Newsletter, PropertyJuly 31, 2019

Amazon.com is the world’s largest online retail marketplace. In the subrogation world, it’s common knowledge that, in states that allow strict liability claims against entities in the supply chain, Amazon attempts to preclude any liability by arguing that it is…

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Jacob A. Simon

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Jake Simon To The Firm

Announcements, NewsletterJuly 30, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is very proud to announce that Jake Simon has joined our insurance litigation team as a litigating subrogation associate in our Hartford, Wisconsin office. Jake is a Badger and received his undergraduate degree at…

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Delaware Flag

Delaware Workers’ Compensation Subrogation Rights Do Not Extend To PPD and Commutation Benefits

Newsletter, Workers' CompensationJuly 23, 2019

ACW Corporation v. Maxwell, 2019 WL 3024049 (Del. Super. 2019) In what seems like a never-ending assault on an employer’s/carrier’s statutory right of subrogation and reimbursement, a Delaware Superior Court—the state trial court of general jurisdiction which also serves as…

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Person Using Secure Computer

Subrogation Counsel, Data Breaches, And Cybersecurity

Newsletter, SubrogationJuly 23, 2019

Carriers Are Only as Secure as Their Weakest Link What do you really know about the strengths and weakness of the cybersecurity measures taken by the subrogation counsel and recovery vendors you engage to assist with subrogation recoveries? This past…

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Mark A. Solomon

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Mark A. Solomon To The Firm

Announcements, NewsletterJuly 15, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome seasoned trial attorney Mark A. Solomon to the firm as a partner. Mark brings with him a wealth of litigation and insurance claims experience to MWL’s Austin, Texas office. After…

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