Category Archives: Subrogation

Massachusetts’ High Court Declares Third-Party Inherent Diminution In Value Auto Damages Are Now Recoverable

Posted by Catherine Dowie on January 7, 2022

When an automobile is damaged in an accident and then repaired, the resale value may be less than a comparable automobile that has not been damaged. In other words, the damage results in a reduction or “diminution” in the resale … Learn More

Subrogation And The Sudden Emergency Doctrine

Posted by Gary L. Wickert on December 21, 2021

It’s happened at least once to every subrogation professional. A significant claim file involving an auto accident in which liability appears to be a lock, suddenly goes into a tailspin when the other side denies the claim because the tortfeasor … Learn More

Merry Christmas and Happy New Year!

Posted by Gary L. Wickert on December 21, 2021

Matthiesen, Wickert & Lehrer would like to thank our clients and local counsel for a wonderful year and wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you, we hope … Learn More

Montana Supreme Court Suggests That Insurer May Have Pre-Suit Duty To Reveal Liability Policy Limits

Posted by Nicholas "Nick" Zotti on December 15, 2021

Wilkie v. Hartford Underwriters Ins. Co., 494 P.3d 892 (Mont. 2021). A brand-new Montana Supreme Court decision has sounded off—sort of—in the nationwide debate over whether a liability insurer has a duty to provide liability policy limits to a third-party claimant … Learn More

Subrogating Automated Driving Systems And Autonomous Vehicle Failures

Posted by Gary L. Wickert on December 14, 2021

Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting. All this … Learn More

Enforcing Unpaid Arbitration Awards

Posted by Mark A. Solomon on November 30, 2021

According to Arbitration Forums, Inc.’s website, the 5,200 members who subscribe to Arbitration Forums file over 949,000 disputes and nearly 1.7 million subrogation demands worth more than $13.9 billion in claims annually. Most of the insurance companies in the U.S. … Learn More

Washington Court Of Appeals Further Imperils Automobile Subrogation

Posted by Nancy A. Case on November 29, 2021

The Washington Court of Appeals decision in Kosovan v. Omni Insurance Company, 2021 WL 4530640 (Wash. App. 2021), holds that a bad faith claim and a claim for violation of the Consumer Protection Act are both warranted when the PIP … Learn More

The Ten Worst Natural Disasters In U.S. History

Posted by Gary L. Wickert on November 19, 2021

Ranking natural disasters tends to be somewhat arbitrary. Whether or not a storm which kills three people is worse than one which causes $1 billion in damages is perhaps something that should be left to philosophers and theologians. Ranking the … Learn More

Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike

Posted by Gary L. Wickert on November 18, 2021

The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of catastrophic losses caused by natural disasters. When God sends a hurricane, tornado, flood, or naturally occurring fire, the resulting losses can be … Learn More

Earth-Shaking Subrogation Recoveries

Posted by Ashton T. Kirsch on November 16, 2021

Matthiesen, Wickert & Lehrer (MWL) takes pride in our efforts to constantly innovate and use creative legal theories to facilitate recoveries for our clients. Our firm has been actively involved in the pursuit of investigation and litigation of claims against … Learn More