We are pleased to announce that this month our New Orleans branch office celebrated its five year anniversary with our firm. The Louisiana office is overseen by MWL partner, Jim Busenlener. Jim is a 1993 graduate of Tulane University in…
The English language is a fascinating subject with a history as rich as it is confusing. It is spoken by nearly 1 billion people worldwide, making it the second most-spoken language, with only Mandarin (1.2 billion) surpassing it. It is…
A recent Pennsylvania federal court decision reminds us all that when settling third-party cases that involve workers’ compensation subrogation interests, it is vitally important to understand all of the steps which are necessary to fully document and enforce any settlement…
One year ago, the Arizona Court of Appeals announced that A.R.S. § 23-1023 was not a statute of limitations under Arizona law, with regard to the requirement that an employee must file a third-party action within the first year after…
Another state has been heard from. The growing outcry for direction over whether case management fees can be recovered by a subrogated workers’ compensation carrier has in many respects been as daunting and elusive as the search for the Holy…
On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals in Ins. Co. of the State of Pennsylvania v. Roberts, 506 S.W.3d 498 (Tex. App. 2016), review granted…
In Indiana, a subrogated carrier may be able to sue the attorney on behalf of its insured when the attorney settles a third-party tort claim without reimbursing the subrogated carrier. In Holland v. Indiana Farm Bureau Insurance, 110 N.E.3d 369…
Subrogation professionals are often required to deal with a variety of insurance companies, including those admitted or licensed to transact business in a particular state and those which are not. Understanding the difference can assist the claims handler and subrogation…
It remains one of the most difficult issues to deal within the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and…
A long-standing political tug-of-war over whether a workers’ compensation carrier can initiate a third-party subrogation lawsuit and protect its subrogation rights under § 319 has ended with a disappointing Supreme Court decision. On November 21, 2018, the Pennsylvania Supreme Court…