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. Agency, Inc., 2013 WL 3818112 (Conn. 2013) has changed that. In their recently-released decision, the…
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” which benefits a third party. The third party is obligated to pay a pro rata…
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 as a special guest co-presenter at this webinar. This webinar is approved for 1.0 Texas…
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 that he is at the intersection of 1st Street and 1st Avenue, concluding that he…
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 is a contributory negligence state (bars recovery with only 1% of fault by the plaintiff)…
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 uninsured or underinsured motorist (UM/UIM) policy as well as recover workers’ compensation benefits. We recently…
Referring a subrogation file to MWL is as easy as 1–2–3 with our website’s new SUBROGATION REFER A FILE feature. Referring your file to us online using this feature means getting your file in the hands of an experienced subrogation attorney in seconds. Utilizing MWL’s file referral forms are more than merely “convenient”. They ask the relevant questions and allow…
In many respects it is as daunting and elusive as the search for the Holy Grail. All 50 states allow for recovery of workers’ compensation benefits paid to or on behalf of a claimant injured in the course of his or her employment. Not a single one, however, enunciates precisely which payments or costs paid…
Waiver of subrogation. (wā-vər əv sə-brō-ˈgā-shən) 1. A two sentence clauses in a contract and/or endorsement to a workers’ compensation policy added for little or no additional premium dollars but costing the carrier potentially millions in subrogation recoveries. 2. Something requested by an insured even though it has no idea why. Waivers of subrogation continue…
Recently, the National Highway Traffic Safety Administration (NHTSA) demanded that Chrysler recall 2.7 million 1993-2004 Jeep Grand Cherokees and 2002-2007 Jeep Libertys after a probe into rear-end crashes and fires that caused at least 44 deaths and many more injuries involving the vehicles. Chrysler manufactures the Jeep Grand Cherokee and Jeep Liberty SUVs. According to…