Category Archives: Subrogation

Kansas Declares Damage Caps Unconstitutional

Posted by Gary L. Wickert on June 17, 2019

On June 14, 2019, the Kansas Supreme Court issued a landmark decision that changes the landscape of personal injury and workers’ compensation third-party cases. In Hilburn v. Enerpipe Ltd., 2019 WL 2479464 (Kan. 2019), the Court declared K.S.A. § 60-19a02 … Learn More

Louisiana Supreme Court Limits Medical Damages for Tort Claimants

Posted by James T. Busenlener on June 12, 2019

On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the Collateral Source Rule in personal injury lawsuits. This case will impact workers’ compensation subrogation recoveries in Louisiana by reducing the overall pool of recovery … Learn More

Uber, Lyft, And New York Loss Transfer

Posted by Gary L. Wickert on June 4, 2019

Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153 billion … Learn More

Sidewalk Defects and Municipal Liability: In Most States, Size Matters

Posted by Gary L. Wickert on May 28, 2019

Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases, the injury is a direct result of a municipality failing to institute and/or conscientiously follow … Learn More

Join MWL For A Complimentary Webinar on “Iowa Workers’ Compensation Subrogation: Simple Steps to Avoid Subrogation Traps”

Posted on May 24, 2019

Stephen Smith will present a live MWL webinar on “Iowa Workers’ Compensation Subrogation: Simple Steps To Avoid Subrogation Traps” on June 12, 2019 at 10:00-11:00 a.m. (CDT). Iowa’s workers’ comp statute is perhaps one of the most complicated in the … Learn More

Arizona Becomes 48th State To Prohibit Cell Phone Use While Driving

Posted by Gary L. Wickert on May 21, 2019

Every year, more than 170 billion cell phone texts are sent and received. Each year, an average of 3,000 people die and 450,000 are injured in motor vehicle accidents involving distracted drivers. Ten percent of all drivers who are 15 … Learn More

Citing MWL Chart, New Jersey Judge Prohibits Lawyer From Asking Client At Trial If Vehicle Is Totaled

Posted by Gary L. Wickert on May 3, 2019

Judge Refers to MWL Chart in Decision A New Jersey Superior Court judge recently issued a written ruling, holding that, as a matter of first impression, it was inappropriate for a lawyer to question his client during trial as to … Learn More

Join MWL for a Webinar on Texas Automobile Subrogation July 16, 2019 at 10:00-11:00 a.m.

Posted on April 25, 2019

Texas has more roads than any other state in the country. It has over 15 million licensed drivers on the road and its residents own and operate more than 8 million automobiles—twice as many as New York or Illinois and … Learn More

Texas Clarifies Workers’ Compensation Subrogation In Death Cases

Posted by Lee R. Wickert on April 24, 2019

Texas has historically been a very favorable venue for workers’ compensation subrogation, but it has not been without its gray areas. In death cases, when an employee dies and surviving family members have received workers’ compensation benefits, a careful analysis … Learn More

Texas Anti-Indemnity Laws

Posted by James T. Busenlener on April 23, 2019

Texas is at the forefront of enacting laws which limit or bar indemnification clauses of contracts in industries in which the Texas legislature perceive one contracting party has an unfair advantage over the other. Texas currently has anti-indemnity statutes for … Learn More