Category Archives: Subrogation

Beating the Statute of Limitations: Filing Suit Is Only Half The Battle

Posted by Gary L. Wickert on November 25, 2019

We are frequently asked by clients to file suit in a case where the statute of limitations expires in a matter of a day—even hours. In some cases, we are asked to file in order to toll an impending statute … Learn More

Happy Thanksgiving From Matthiesen, Wickert & Lehrer, S.C.

Posted by Gary L. Wickert on November 25, 2019

During the brutal winter of 1620-21, Miles Standish, the English military officer hired by the Pilgrims as military advisor for Plymouth Colony and one of the Mayflower passengers, played a leading role in the administration and defense of the colony. … Learn More

Oregon Senate Bill 421’s Effect On PIP And Health Insurance Subrogation Sounds Worse Than It Is

Posted by Gary L. Wickert on November 15, 2019

On March 23, 2015, Oregon Governor Kate Brown signed into law Senate Bill 421 which made PIP and UM/UIM subrogation much more intimidating, but perhaps only slightly more difficult. The new bill amended several Oregon statutes, doubled the PIP medical … Learn More

Pennsylvania Finally Picks A Side On Landlord/Tenant Implied Co-Insured Issue

Posted by Gary L. Wickert on October 25, 2019

Joella v. Cole, 2019 WL 5287987 (Pa. Super. 2019). 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 … Learn More

MWL Lawyers/Speakers Featured At NASP Conference In Washington, D.C.

Posted on October 16, 2019

The 2019 National Association of Subrogation Professionals (NASP) Annual Conference will be held October 27 – 30 in Washington, D.C. Its lineup of speakers and topics is very good, as usual. MWL will have many experienced subrogation lawyers there who … Learn More

South Dakota Supreme Court Invents Policy Ambiguity, Denies Med Pay Subrogation

Posted by Gary L. Wickert on October 15, 2019

James v. State Farm Mutual Auto. Ins. Co., 929 N.W.2d 541 (S.D. 2019). The origins of auto insurance can be traced all the way back to the ancient Chinese when investors took out insurance policies on cargo ships crossing the … Learn More

Alaska Finally Rules On Application Of Admissibility Of Amount Of Medical Billed Versus Paid

Posted by Gary L. Wickert on October 14, 2019

For years, Alaska remained one of the last holdout states which had not provided any caselaw decisions to declare whether and what evidence of medical bill charges or payments could be introduced by the parties in a personal injury suit. … Learn More

Insurance Commissioner Overreached In Applying Made Whole Doctrine To Health Insurance Subrogation

Posted by Lauren M. Davis on October 11, 2019

Bayham v. State of Louisiana, Through the Office of Group Benefits, 2019 WL 4073410 (La. App. 2019). In a line from the History Channel’s television series Vikings, Viking chieftain Ragnar Lothbrok looks down at the village of Kattegat with his son … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Catherine Dowie To The Firm

Posted on September 30, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome attorney Catherine Dowie to the firm as a litigation associate in our Wisconsin office. Catherine is licensed to practice law in Massachusetts and Vermont and her practice focuses on national … Learn More

Florida Returns To Daubert Standard For Admission Of Expert Testimony

Posted by Gary L. Wickert on September 27, 2019

The ink was barely dry on Florida Supreme Court’s 2018 decision in DeLisle v. Crane Co., 2018 WL 5075302 (Fla., Oct. 15, 2018). That decision declared Florida’s § 90.702 — which adopted the Daubert standard for the admission of expert … Learn More