Category Archives: Subrogation

Wisconsin UM/UIM Carrier Cannot Reduce Payments By Amount of Reimbursed Workers’ Compensation Benefits

Posted by Gary L. Wickert on October 14, 2021

Secura Sup. Ins. Co. v. Est. of Huck, 2021 WL 4449249 (Wis. App. 2021). A new Wisconsin Court of Appeals decision has ruled that an uninsured/underinsured (UM/UIM) automobile insurance carrier cannot reduce UM/UIM payments to its insured by the amount … Learn More

Which Workers’ Compensation “Benefits” Can Be Subrogated?

Posted by Gary L. Wickert on October 7, 2021

Recovery of Case Management Costs, Medical Bill Audit fees, Rehabilitation Benefits, Utilization Review Costs, IME’s, Nurse Case Worker Fees, Attorneys’ Fees, and Other “Allocated” Loss Adjustment Expenses. It’s the question every claims professional and trial attorney claims to know but … Learn More

Matthiesen, Wickert & Lehrer, S.C Welcomes Griffin S. Gross To The Firm

Posted by Gary L. Wickert on September 29, 2021

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome Griffin S. Gross as a litigation associate in our Hartford, Wisconsin office. Griffin will be handling workers’ compensation, property, and automobile insurance subrogation cases. Griffin graduated from Marquette University in … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Constance A. Smith to the Firm

Posted by Gary L. Wickert on September 28, 2021

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome Constance A. Smith as a litigation associate in our Santa Ana, California branch office. Constance’s practice will focus on all lines of subrogation with an emphasis on medical malpractice. Constance … Learn More

NFPA 921 Standards Have Changed: What Every Claims Adjuster Should Know

Posted by Katherine A. Sandoval on September 27, 2021

In 1992, the National Fire Protection Association created a set of investigative guidelines that was published as “NFPA 921: Guide for Fire and Explosive Investigations.” The guide is widely used by both public and private fire investigators. It describes in … Learn More

Hawaii Workers’ Compensation Subrogation At A Crossroads

Posted by Ryan L. Woody on September 15, 2021

Moranz v. Harbor Mall, LLC, 477 P.3d 179 (Haw. App. 2020), cert. granted, SCWC-17-0000006, 2021 WL 1924134 (Haw. May 13, 2021). We are at the precipice of a potential upheaval in workers’ compensation recovery rights in the Aloha State. The … Learn More

Arizona Eliminates Peremptory Challenges

Posted by Bradley W. Matthiesen on September 9, 2021

New Trend Poses Threat In Subrogation Trials. Effective January 1, 2022, Arizona will become the first state to eliminate the use of peremptory challenges in jury selection in both criminal and civil trials—including the trial of subrogation cases. It isn’t news … Learn More

Hurricane Ida Special Report – Damage from Falling Trees

Posted by James T. Busenlener on August 30, 2021

We have recently seen an uptick in cases where a tree has fallen on to a neighbor’s house, with calamitous results. Hurricane Ida will likely only increase such claims. As the first-party claim by the homeowner is processed, subrogation professionals … Learn More

Texas Residential Construction Liability Act 101

Posted by Mark A. Solomon on August 20, 2021

Picture this. You build your dream home, or you add a new room onto your house. The first time it rains, you end up with a leaky roof, damaged walls, water on your floors, and your belongings require cleaning or … Learn More

Avoiding The Sutton Rule: Michigan Decision Makes Landlord/Tenant Subrogation Easier

Posted by Gary L. Wickert on August 6, 2021

The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant depends on which state the loss occurs in and the nature and language of the lease involved. There … Learn More