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Newsletter

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Fees

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

Newsletter, Workers' CompensationJuly 10, 2019

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,…

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Man Drinking On Job

Auto Insurer Argues Drunk Driving Accidents Not Covered Under Liability Policy: 5th Circuit Disagrees

Auto, Med Pay, PIP, NewsletterJuly 8, 2019

Frederking v. Cincinnati Ins. Co., 929 F.3d 195 (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…

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Texting While Driving

Minnesota and Tennessee Pass Hands-Free Cell Phone Laws

Auto, Med Pay, PIP, NewsletterJuly 3, 2019

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.…

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Red Light Traffic Camera

The Red Light Traffic Camera Controversy

Auto, Med Pay, PIP, NewsletterJune 19, 2019

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…

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Kansas Flag

Kansas Declares Damage Caps Unconstitutional

Newsletter, Workers' CompensationJune 17, 2019

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…

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Subrogation Mistakes

Ten Subrogation Mistakes Insurance Companies Keep Making

Newsletter, SubrogationJune 14, 2019

“Show me the money.” – Rod Tidwell in Jerry Maguire. This year is the 20th anniversary of the 1996 romantic comedy Jerry Maguire. Its director, Cameron Crowe, just published the entire 5,000-word mission statement he wrote for his crisis-hit sports…

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Louisiana Flag

Louisiana Supreme Court Limits Medical Damages for Tort Claimants

Newsletter, Workers' CompensationJune 12, 2019

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…

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New York Loss Transfer

Uber, Lyft, And New York Loss Transfer

Auto, Med Pay, PIP, NewsletterJune 4, 2019

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…

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Dangerous Sidewalk

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

Newsletter, PropertyMay 28, 2019

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 involving sidewalk defects, the injury is a direct result of a municipality failing to institute…

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

Newsletter, Workers' CompensationMay 24, 2019

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…

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