The Delaware Department of Insurance (“DOI”) is threatening to take action against those who do not abide by state mandatory arbitration law. On September 1, 2015, the Delaware DOI released a bulletin to remind all insurers writing the coverages required under 21 Del. C. § 2118 that they are required to submit to mandatory arbitration…
Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Ashton Kirsch has joined the firm as an insurance litigation associate. Ashton’s practice areas include insurance litigation, subrogation, workers’ compensation, health insurance and ERISA. Ashton obtained his Bachelor of Arts in Political Science and History in 2011 from the University of Wisconsin–Madison in Madison,…
We receive many questions from clients regarding Minnesota subrogation claims, including relevant statutes of limitations. One of the most frequent questions I receive has to do with the Minnesota statute of limitations for personal injury actions. For subrogation professionals outside Minnesota, its statutory statutes of limitations may not be clear. A quick, surface reading of…
Statute of Limitations Could Run Before Accident Occurs. It doesn’t seem possible that a statute of limitations could expire even before a loss is suffered and damages are incurred. However, that is the case in Georgia due to some questionable case law being used by defendants to escape liability. Subrogation professionals everywhere should make a…
James T. Busenlener, the managing partner of our Louisiana branch office, will be presenting a live webinar on Louisiana Automobile Subrogation: The Nuts and Bolts on November 17, 2015 from 10:00-11:00 a.m. (CST). This webinar is free to attend and will cover topics such as PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation,…
When The Tortfeasor Dies, Your Subrogation Claim Doesn’t Need To Die Too! The author, Franz Kafka, known for his dark situations which many people relate to, once wrote a very short story about omnipotent power floating just beyond our reach. You go to the city to see the law. Upon arrival outside the law building,…
It is said that compromise is the best and cheapest lawyer. Workers’ compensation claim’s handlers depend on compromise in their handling of disputed compensation claims. Recently, however, we have seen a growing number of our clients settling workers’ compensation claims without taking proper precautions to protect valuable subrogation rights. They often assume that money paid…
On Wednesday, September 16, 2015, a Western District of North Carolina Federal Court jury returned a defense verdict on behalf of a Taiwanese table saw manufacturer and its U.S. subsidiary, holding that Attorney Richard Schuster’s clients were not negligent in their design of a table saw — a result that is making news across the…
When Driving Through Somebody’s Living Room Is Not Negligence Every day in America vehicles leave the roadway, travel across well-manicured lawns, smash through garden sheds, patio furniture, swing sets, and plow through the walls of a home, coming to rest inside of somebody’s living room or bedroom. These incidents leave millions of dollars in property…
Believing there is a need for mediation services outside the Milwaukee area, we have established Matthiesen, Wickert & Lehrer, S.C. Mediation Services in Hartford, Wisconsin. With Hartford’s central and convenient location, it allows us to provide reasonably priced ($275 per hour) mediation services throughout Southeastern and Central Wisconsin. Brad Matthiesen, having served as a trial…