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Matthiesen, Wickert & Lehrer S.C.
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Newsletter

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Texas State Flag

WEST FERTILIZER COMPANY EXPLOSION IN TEXAS: The Importance of NFPA 921 in Fire and Explosion Subrogation

Newsletter, Property, SubrogationMay 23, 2013

On April 17, 2013, a fire of as-of-yet-undetermined origin at the West Fertilizer Company in West, Texas ignited as much as 270 tons of ammonium nitrate being stored at the facility. The resulting blast left a 90-foot-wide crater and caused…

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Business - Sales Tax

SALES AND USE TAXES ON SUBROGATION SERVICES: Navigating The Sales Tax Maze In South Dakota, New Mexico, And Hawaii

Newsletter, Property, SubrogationMay 23, 2013

As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of imposing a tax on professional services, whether as a sales tax (including…

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Product Liability Law

PRODUCTS LIABILITY TEST CHANGED IN WISCONSIN: Wisconsin Follows Trend Towards Adopting Restatement (Third) Of Torts

Newsletter, Product Liability, Property, SubrogationMay 20, 2013

A rapidly changing area of insurance defense involves products causing injury or damage to people and property. Many states are moving towards adopting the standards set by the Restatement (Third) of Torts, and Wisconsin is no different. On February 1,…

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Wisconsin State Flag

New Underinsured Motorist Coverage Case Decided By The Wisconsin Supreme Court

Insurance Coverage, Insurance Defense, NewsletterMay 20, 2013

In Bethke v. Auto-Owners Ins. Co., 2013 WI 16 (2013), the plaintiffs sought underinsured motorist (UIM) coverage under a policy issued by Auto-Owners (“Owners”) as a result of an automobile accident caused by an allegedly negligent driver of a rental…

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Health Benefits Claim Form

A Victory For FEHBA Subrogation

ERISA and Health Insurance, Newsletter, SubrogationApril 17, 2013

Court Recognizes Importance of Subrogation In Reducing Premiums: Calingo v. Meridian Resource Co., LLC, 2013 WL 1250448 (S.D.N.Y. 2013). The U.S. government sponsors more than 350 different health Plans covering more than nine million federal employees, retirees, and beneficiaries through the…

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U.S. Supreme Court

A VICTORY FOR ERISA SUBROGATION!

ERISA and Health Insurance, Newsletter, SubrogationApril 17, 2013

U.S. Supreme Court Unanimously Holds Equity Does Not Trump Plan Language On April 16, 2013, the U.S. Supreme Court issued its long-anticipated decision in U.S. Airways, Inc. v. McCutchen, 2013 WL 1567371 (2013), a case in which the future of ERISA…

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Minnesota Flag

Minnesota Ruling On UM/UIM Subrogation Proves Timing Is Everything

Auto, Med Pay, PIP, NewsletterApril 1, 2013

A new Minnesota Court of Appeals decision makes clear that timing is everything when it comes to UIM subrogation. The court’s decision in Russell v. Haji-Ali, 826 N.W.2d 216 (Minn. App. 2013) means that a claims professional settling a uninsured/underinsured…

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Arkansas Flag with Gavel

Arkansas Supreme Court Confirms PIP/Med Pay Subrogation Rights

Auto, Med Pay, PIP, Newsletter, SubrogationApril 1, 2013

Until recently, there had been a big question over whether a PIP or Med Pay carrier had a right of subrogation in Arkansas. A.C.A. § 23-79-146 authorizes subrogation rights for any casualty insurer, accident and health insurer. It provides as…

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David and Goliath

DAVID v. GOLIATH: I.R.S. Tax Lien v. Med Pay Subro Lien

Newsletter, SubrogationApril 1, 2013

In 1 Samuel 17, the Bible tells one of the most poignant and motivating stories of all time. The Philistine army had gathered for war against Israel. The two armies faced each other, camped for battle on opposite sides of…

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April 2006 Subrogation Newsletter

Archive, NewsletterMarch 13, 2013
  • Mississippi Allows Subrogation in Medical Malpractice Cases
  • 8th Circuit Issues Favorable Post- Knudson Decision
  • Minnesota Supreme Court Limits Subrogation Rights
  • On-Line Subrogation File Referral Forms Available at www.mwl-law.com

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Wisconsin Office

1111 E. Sumner St.
PO Box 270670
Hartford, WI 53027

Louisiana Office

101 W. Robert E. Lee Blvd.
Ste. 401
New Orleans, LA 70124

California Office

1851 East First St.
Ste. 1150
Santa Ana, CA 92705

Texas Office

11940 Jollyville Rd.
Ste. 215N
Austin, TX 78759

Florida Office

1301 Riverplace Blvd.
Ste. 2140
Jacksonville, FL 32207

Massachusetts Office

99 Derby St.
Ste. 200
Hingham, MA 02043

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