The campaign to establish liability under the Fair Debt Collection Practices Act (FDCPA) in connection with subrogation took an interesting turn recently, but ultimately reached another dead end. The federal judiciary has made it clear, time and again, that the…
It is entitled “An Act to clarify reimbursement of workers’ compensation insurers to prevent double recovery by injured workers in third-party cases”, but, as with most deceptive titles to pieces of legislation, it is more of a license for trial…
Juris Publishing, Inc. has released the latest and most comprehensive edition of Workers’ Compensation Subrogation In All 50 States, the firm’s unique treatise on the subject. The book is carried on the shelves of every law school in the country…
Approximately 12% to 14% of all accidents result in a total loss, a number which has been trending upward since 2002. Insurance companies faced with first-party claims on policies are responsible for paying the actual cash value or market value…
Republican Ohio Governor John Kasich sure doesn’t act like a Republican. When a 2012 ruling by the U.S. Supreme Court made it relatively simple for states to reject Obamacare’s costly expansion of Medicare on the backs of state taxpayers, many…
Oklahoma has seen its share of changes in its workers’ compensation laws of recent. On May 6, 2013, Oklahoma Governor Mary Fallin signed S.B. 1062 into law, creating a new Title 85A of the Oklahoma Workers’ Compensation Act to operate…
The Court in the case of Dilger v. Metropolitan Property and Casualty Insurance Company (“Metropolitan”), Appeal No. 2014AP1851, determined that a claimant, upon proper compliance with the statutory requirements, is entitled to interest pursuant to Wis. Stat. § 628.46(1). In…
In a lawsuit setting forth a common factual scenario found in many civil cases, the court had an opportunity and did decide with specificity the applicable provisions in Chapter 814 of the Wisconsin Statutes. In the case of Weber v.…
In a recent Wisconsin case, Smith v. Acuity Insurance, Appeal No. 2014AP1587, the Court was confronted with an interpretation over the “drive other car” exclusion within a policy issued by Acuity Insurance. In this case, the plaintiff, while riding a…
When dealing with photographs taken of other people, prudence requires that we consider the legal rights of the subject and the ethics of publishing the photo without their permission. Since the advent of digital photography, photographs have played a big…