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Matthiesen, Wickert & Lehrer S.C.
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Newsletter

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7,540 Reasons To Include Your Insured’s Deductible In Your Subrogation Claim

Auto, Med Pay, PIP, Newsletter, SubrogationSeptember 18, 2014

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make…

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District Of Columbia Plans To Limit Time For Compensation Carrier To File Subrogation Suit

Newsletter, Subrogation, Workers' CompensationSeptember 18, 2014

On June 27, 2013, the Council of the District of Columbia enacted emergency and temporary legislation resulting in an amendment to § 32-1535 which narrows the window during which a workers’ compensation carrier has to file a third-party action. An…

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2nd Circuit Strips Fully-Insured Plans Of Preemption Of New York Anti-Subrogation Law

ERISA and Health Insurance, Newsletter, SubrogationAugust 27, 2014

For the time being, trial lawyers are celebrating the recent 2nd Circuit decision in Wurtz v. Rawlings Co., LLC, 2014 WL 3746801 (2nd Cir. 2014), which on July 31st, held that a class action suit seeking to enjoin three defendants…

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Recovery Of Allocated Loss Adjustment Expenses In Property Subrogation Cases: Subrogating For More Than Your Insured’s Property Damage

Newsletter, Property, SubrogationAugust 27, 2014

Property insurers along all lines could simplify their business practices and lower their overhead considerably by simply paying any and all property damages, claims, expenses, and consequential damages alleged to have been incurred by and in the amounts claimed by…

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Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits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A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when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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