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Newsletter

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The Wisconsin Supreme Court Clarifies Definition Of “Occurrence”

Insurance Coverage, Insurance Defense, NewsletterSeptember 30, 2013

Liability insurance policies provide insurance coverage only for accidental events and not for personal injury or property damage caused by an intentional act of their insured. To that end, insurance carriers generally include language in their policies providing coverage only…

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Do Liability Waivers Really Work?

Contribution and Liability, Insurance Coverage, Insurance Defense, NewsletterSeptember 30, 2013

Gym owners, dance studios, night clubs, martial arts clubs, and other businesses often require their customers to sign liability waivers before they are allowed to engage in potentially dangerous physical activities. However, do these liability waivers really protect business owners…

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Attending The 2013 NASP Conference In San Diego?

NewsletterSeptember 19, 2013

The National Association of Subrogation Professionals’ (NASP)  2013 Conference will take place in San Diego, California, November 3-6, 2013. MWL always makes every effort to keep in touch with its clients and we would like to take this opportunity to meet with any of our…

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New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Contribution and Liability, Newsletter, Property, SubrogationSeptember 18, 2013

Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can…

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Connecticut Adopts Made Whole Doctrine

Newsletter, Property, SubrogationSeptember 18, 2013

Until July 30, 2013, Connecticut was still one of the few states which hadn’t officially adopted the equitable Made Whole Doctrine in a subrogation setting. However, the new Supreme Court decision in Fireman’s Fund Ins. Co. v. TD Banknorth Ins.…

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North Dakota Continues To Avoid Common Fund Doctrine

ERISA and Health Insurance, Newsletter, SubrogationSeptember 18, 2013

The Common Fund Doctrine is an exception to the “American Rule,” which obligates each party in a lawsuit to pay its own attorneys’ fees. This Doctrine is applicable in situations where one party’s success in litigation creates a “common fund”…

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MWL New York Auto Subrogation Webinar

Announcements, NewsletterAugust 30, 2013

Gary L. Wickert will be presenting a complimentary live webinar on “New York Automobile Subrogation” from 10:00-11:00 a.m. (CDT) on October 23, 2013. Noah Gradofsky, a New York attorney with the Law Offices of Jan Meyer & Associates, PC, will serve…

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THE NEXUS OF THE UNIVERSE: The Fuzzy Interplay Between Florida PIP and Workers’ Comp Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 26, 2013

In one of my favorite Seinfeld episodes[1], a frightened Kramer is lost and calls Jerry from a phone booth somewhere in Manhattan. Jerry asks him to look around for a street sign and Kramer responds with a touch of panic…

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Understanding Comparative Fault, Contributory Negligence, and Joint and Several Liability

Auto, Med Pay, PIP, Contribution and Liability, Newsletter, Property, SubrogationAugust 26, 2013

Effective subrogation requires a thorough understanding of some of the more confusing legal terms we must all work with. Matthiesen, Wickert & Lehrer, S.C. has compiled a list of the various laws in every state dealing with whether the state…

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THE BIG COLLISION: When Workers’ Comp and Uninsured Motorists Benefits Collide

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 26, 2013

When an employee is involved in a motor vehicle accident while in the course and scope of his employment and the at-fault tortfeasor is uninsured or underinsured, the question arises as to whether the employee can recover under his employer’s…

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