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Matthiesen, Wickert & Lehrer S.C.
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Check Your Everlotus Supply Lines: Interline Brands Settles Class Action Lawsuit Involving DuraPro Toilet Connectors

Newsletter, PropertyAugust 8, 2018

Almost everyone involved in handling property damage subrogation has faced a claim involving a failed water supply line that was sold or distributed by Interline Brands, Inc. These supply lines are often identified as “Everlotus” supply lines based on the…

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Tautology And The Art Of Listening

Newsletter, SubrogationAugust 3, 2018

We only hear half of what we listen to. Perhaps that is why most people instinctively use tautology when they write or speak. Tautology is the use of different words to say the same thing or repeating the same thing…

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Auto Insurer Doesn’t Have To Reimburse 100% Of Deductible In Order To Make Its Insured Whole

Auto, Med Pay, PIP, NewsletterJuly 24, 2018

Most auto insurance policies require their insured to pay a deductible when a claim is made. If the auto carrier is successful in subrogating a particular loss against a third party and recovers its claim payments, the issue often becomes…

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Why Molten Lava And Insurance Don’t Mix

Newsletter, PropertyJuly 16, 2018

Subrogating Pele and the Goddess of Fire In the Hawaiian religion, Tūtū Pele is the goddess of fire and volcanoes and the creator of the Hawaiian Islands. Hawaiians believe Kilauea to be inhabited by a “family of fire gods”, one…

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Another State Bans Hand-Held Devices While Driving

Auto, Med Pay, PIP, NewsletterJuly 11, 2018

Georgia has joined fifteen other states which have outlawed the use of hand-held cellphones and mobile devices while driving. A new law signed by Governor Nathan Deal makes watching movies, shooting video, and even the mere “holding” of hand-held devices…

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New Legislation On Discovery And Statutes Of Limitations

Insurance Defense, NewsletterJuly 10, 2018

On April 3, 2018, the Wisconsin Legislature enacted 2017 Wis. Act 235 which substantially changes certain rules governing civil litigation in Wisconsin. Included in this Act are new rules regarding discovery practice and the Rules of Civil Procedure. It is…

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Wisconsin Supreme Court Clarifies Event Triggering Notice-of-Claim Requirement In UIM Policy

Insurance Coverage, NewsletterJune 27, 2018

On April 5, 2018, the Wisconsin Supreme Court held that the operative event which triggers a notice of claim requirement in an underinsured motorist (UIM) policy is the tender of the tortfeasor’s underlying policy limit and not the accident itself.…

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Employer Business Auto Policy Coverage Of Employee Personal Vehicles

Insurance Coverage, NewsletterJune 26, 2018

Who covers what when an employee is involved in an accident while driving a personal vehicle for business purposes? It is a question as old as insurance itself. It should come as no surprise that the Holy Grail for trial…

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Subrogation Adjusters Can Now Sign Texas Medical Expense Affidavits

Newsletter, Workers' CompensationJune 25, 2018

A generation ago, subrogation professionals were almost unheard of. Over the years, however, as prudent businesses and insurance companies began to insist on their statutory and contractual rights of subrogation, the profession has grown. On February 8, 2018, the Texas…

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Future Credit In Pennsylvania Workers’ Compensation Third-Party Recovery Applies Only To Indemnity Benefits—Not Medical Benefits

Newsletter, Workers' CompensationJune 19, 2018

A long-standing controversy in Pennsylvania workers’ compensation subrogation has been resolved—and resolved in a manner most unfriendly to Pennsylvania small businesses and the entire workers’ compensation industry. On June 19, 2018, the Pennsylvania Supreme Court hung their hat on a…

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