When multiple insurers provide coverage for a single loss or accident, things can get confusing. Coinsurance can arise as a result of conscious risk-sharing or accidentally when two policies have overlapping coverage. Litigation involving who pays what, when, and in what order has become a cottage industry involving both subrogation and contribution. Understanding all the…
There is little law in California regarding the subrogation/reimbursement and/or future credit rights of an employer or workers’ compensation carrier when an employee makes a third-party recovery because of legal malpractice in the handling of the employee’s attorney. This is surprising, given that California usually leads the nation on cutting-edge issues such as this. Despite the…
Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer has arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153 billion budget, which included changes in state law providing for ridesharing and starting a rule-making…
E-cigarettes are advertised and sold as a safer alternative to traditional cigarettes. They literally burst onto the scene back in 2007 and are now a $7 billion global industry made up of roughly 500 brands. Some of the most popular brands include V2, Halo, VaporFi, and blu. By some projections, e-cigarette sales could surpass conventional cigarettes…
Most people remember from grade-school science class that water expands as it freezes. There is also a common misconception that this expanding ice physically causes a pipe to rupture. However, this expanding ice is often only one part of the equation, in that most pipes actually burst because of excessive water pressure created by the blocked or…
It seems that in Wisconsin, the Exclusive Remedy Rule, which prevents an employee from suing his employer in tort, isn’t all that it’s cracked up to be. On January 6, 2018, the Wisconsin Court of Appeals held that a temporary employee on loan to a special employer appears to have an option. Carlos Rivera v.…
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 denied (Jan. 26, 2018). Matthiesen, Wickert & Lehrer, S.C., (MWL) had filed an amicus brief on…
The vagaries and complexity of nationwide subrogation have, for many lawyers and insurance professionals, made keeping current with changing subrogation law in all 50 states an arduous and laborious task — the subrogation equivalent of Sisyphus rolling the stone up the mythical hill. It is the goal of Matthiesen, Wickert & Lehrer, S.C. (MWL), through…
The Amtrak Cascades 501 departed Seattle on its inaugural voyage on the morning of December 18, 2017. Just after 7:30 a.m., the train derailed at high speed in DuPont, Washington, causing three fatalities, dozens of injuries, and widespread destruction. Government reports state that the derailment occurred because of excessive speed and emphasized that operators of the…
Recovery of Medical Expenses in Personal Injury Actions Generally To recover damages for past medical expenses in a personal injury lawsuit, a plaintiff must present evidence and prove that the medical expenses incurred were both “reasonable” and “necessary.” For more than 100 years, this simple formula was the least complicated aspect of a plaintiff’s personal injury…