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Matthiesen, Wickert & Lehrer S.C.
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Newsletter

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Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 27, 2014

A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when it announced that a workers’ compensation carrier has no subrogation/reimbursement rights on the medical…

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Wisconsin Appellate Court Clarifies Subjective And Objective Intent Requirements In Intentional Act Exclusion

Insurance Coverage, Insurance Defense, NewsletterAugust 14, 2014

The Wisconsin Court of Appeals recently had occasion to address the issue of whether “subjective” and/or “objective” intent to cause injury must be found in the context of an intentional act exclusion. In Fetherstone v. Parks, ­2014 WI App. 2,…

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Wisconsin Supreme Court Expands Coverage For Permissive Users Under Auto Policies

Insurance Coverage, Insurance Defense, NewsletterAugust 14, 2014

The Wisconsin Supreme Court recently expanded the scope of coverage under auto policies when it held an auto insurer must defend and indemnify a permissive user of the auto who is sued by the named insured. Blasing v. Zurich Amer.…

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Did Wisconsin Just Adopt The Twombly And Iqbal Heightened Federal Pleading Standard?

Insurance Coverage, Insurance Defense, NewsletterAugust 14, 2014

On July 23, 2014, the Wisconsin Supreme Court decided Data Key Partners v. Permira Advisers LLC, 2014 WI 86. Remarkably, the decision appears to adopt the U.S. Supreme Court’s controversial decision in Bell Atl. Corp. v. Twombly, 550 U.S. 544…

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New Victories For Subrogation Against FDCPA Lawsuits

Contribution and Liability, Federal Debt Collection, Newsletter, SubrogationJuly 28, 2014

For nearly twenty years, the plaintiffs’ bar and negligent third parties have been trying to use the Federal Debt Collection Practices Act (FDCPA) as a weapon against legitimate subrogation claims. While the fight continues, two recent federal district court decisions…

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Texas Clarifies Workers’ Compensation Subrogation In Death Cases

Newsletter, Subrogation, Workers' CompensationJuly 28, 2014

Texas has historically been a very favorable venue for workers’ compensation subrogation. It has not been without its gray areas. In death cases, when an employee dies and either he and/or his surviving family members have received workers’ compensation benefits,…

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Wisconsin Supreme Court Confirms Carrier’s “Equal Voice” In Third-Party Litigation

Newsletter, Subrogation, Workers' CompensationJuly 28, 2014

Trial lawyers are already calling it a “travesty of justice” and I gave two media interviews about its significance within two hours of the decision being published. The truth is, however, the new Wisconsin Supreme Court case which is being…

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Arizona Adds Assignment Language To Workers’ Comp Statute (Again)

Newsletter, Subrogation, Workers' CompensationJune 27, 2014

Earlier this year, the Arizona Court of Appeals essentially rewrote § 23-1023, Arizona’s workers’ compensation subrogation statute. Prior to its amendment in 2007, this statute provided that the injured employee had only one year after a cause of action accrued…

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Subrogating Longshore Payments Against Jones Act Recoveries

Maritime and Admiralty, Newsletter, Subrogation, Workers' CompensationJune 27, 2014

A recent decision by the 5th Circuit Court of Appeals has dramatically expanded a longshore harbor workers’ compensation carrier’s rights of subrogation in Jones Act cases. The Chenevert v. Travelers Indemnity Co., 2014 WL 902873 (5th Cir. 2014) decision declares…

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Carrier Reimbursement Under War Hazards Compensation Act

Maritime and Admiralty, Newsletter, Subrogation, Workers' CompensationJune 27, 2014

My oldest son was recently in Afghanistan as a civilian contractor with Army and Air Force Exchange Service (AAFES). He is one of tens of thousands of employees of civilian contractors working overseas and subject to workers’ compensation under the…

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