Robert Van Orden v. USAA, 2014 MT 45 (Mont. 2014) Montana has long been one of the toughest states to subrogate in because it has a very strict made whole policy. It is the public policy in Montana that an…
Matthiesen, Wickert & Lehrer, S.C. (MWL) proudly announces the opening of its new branch office in New Orleans. The office is located at 101 W. Robert E. Lee Blvd., Ste. 402, in New Orleans on Lake Pontchartrain with convenient access…
In an unanimous decision of the Wisconsin Supreme Court, an asbestos exclusion included in a business owner’s policy was found to preclude coverage. See Phillips v. Parmelee, 2013 WI 105. A review of the Phillips decision reveals that the Wisconsin…
A recent Wisconsin Supreme Court decision runs counter to it’s usual pro-carrier rulings and held that an insured may stack uninsured/underinsured (UM/UIM) coverage from different polices issued from 2009 through 2011. The decision involved an issue of law that has…
Most automobile insurance policies include a provision providing that coverage will only apply if “bodily injury” or “property damage” arises out of the ownership, maintenance or use of an automobile. This requirement has long been the source of the application…
Two Texas vehicle owners driving identical vehicles are involved in accidents caused by a negligent tortfeasor. Both contact their insurance company regarding their damaged vehicles. Both must wait for an appraiser to inspect the vehicle and write a report. One…
Third-Party Cause Of Action No Longer Automatically Assigned To Employee After One Year In a mysterious legal sleight of hand that would make David Copperfield envious, the Arizona Court of Appeals has reinvented the English language by making it possible…
Whether you are investigating a subrogation claim or conducting interviews of injured claimants, being able to record a conversation and refer back to it can be indispensable to the handling of a matter either before or during litigation. Today’s technology…
A Christmas-day article in one of our local newspapers drives home the important lesson that a subrogation claim is often won or lost in the short period immediately following a loss. On July 6, 2013, pieces of electrical equipment in…
As most subrogation professionals handling auto subrogation in Illinois know, Illinois Senate Bill signed into law effective January 1, 2012 changed subrogation in that state significantly. For the first time, Illinois mandated that in collision subrogation cases involving amounts less…