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Matthiesen, Wickert & Lehrer S.C.
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      • Automobile Insurance Subrogation In All 50 States
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Subrogation

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  2. Category "Subrogation"
Covid-19 Virus

Illinois Court Latest to Signal that Covid-19 Virus Does Not Trigger Loss of Income Coverage Under CGL Policy

Newsletter, SubrogationMarch 23, 2023

MTDB Corp. v. Am. Auto Ins. Co., 2022 WL 18012348 (Ill. App. 1st Dist. 2022) Some might say that subrogation and insurance coverage make strange bedfellows. But understanding the basics of insurance coverage is integral to an aggressive and holistic…

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Roof

RCV, ACV and the Depreciation of Labor

Newsletter, PropertyMarch 22, 2023

Trial lawyers are filing bad faith class action suits against insurance companies across the country in rapid fashion based on alleged wrongful depreciation of labor costs in their calculation of Actual Cash Value (ACV) in property loss claims. They smell…

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Kia/Hyundai Theft

Kia/Hyundai Thefts: A Primer, Plan Forward, and Call to Action

Auto, Med Pay, PIP, Newsletter, SubrogationMarch 21, 2023

Certain 2011 to 2021 Kia and 2015 to 2021 Hyundai vehicles were designed, manufactured, and sold without an electronic immobilizer found in over 95% of other vehicles. As such, these automobiles are prone to theft. Thieves typically break a back…

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Pedestrian Crosswalk

Subrogating Pedestrian/Crosswalk Injuries and Deaths

Auto, Med Pay, PIP, NewsletterMarch 2, 2023

According to the Governors Highway Safety Association (GHSA), each day last year, twenty people were struck and killed by cars. Nearly 8,000 pedestrians were killed by vehicles in 2021 – an increase of 11.5%. This represents both an alarming public…

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South Carolina Supreme Court

South Carolina Supreme Court Says Passenger/Employee May Not Recover UM Benefits From Driver/Co-Worker Auto Carrier

Auto, Med Pay, PIP, NewsletterFebruary 27, 2023

Connelly v. Main St. Am. Group, 2023 WL 152540 (S.C. 2023) South Carolina’s Exclusive Remedy Rule has prevented an employee from collecting $350,000 in uninsured motorist benefits for injuries she sustained in an automobile accident she was in while a…

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Claims Skyrocket

Total Loss Claims Skyrocket as Vehicle Technology Makes Even Slight Damage More Severe

Auto, Med Pay, PIP, Newsletter, SubrogationFebruary 22, 2023

Earlier in my career I handled a subrogation case involving a brand-new vehicle which was lightly tapped from the rear by a careless driver. The damage to the vehicle was very minimal, yet the vehicle was declared a total loss…

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Washington

Washington Court Allows Recovery for Residual Diminished Value Following Vehicle Repairs

Auto, Med Pay, PIP, Newsletter, Property, SubrogationFebruary 17, 2023

Grothe v. Kushnivich, 521 P.3d 228 (Wash. App. 2022) One by one, states have begun to recognize a vehicle owner’s third-party claim for residual diminished value damage, or “stigma damage”, which is the loss of value of an automobile that…

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Dog Fright

Subrogating “Dog Fright” Cases

Newsletter, SubrogationJanuary 23, 2023

“It’s not the size of the dog in the fight, it’s the size of the fight in the dog.” — Mark Twain One insurance company – State Farm – has referred to dog bites as a “serious public health problem.” In 2018…

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Subrogation

Nationwide “Made Whole” War Being Waged On Subrogation

Newsletter, SubrogationJanuary 17, 2023

4.07[10] Made Whole Doctrine Until recently, the Made Whole Doctrine had not been applied outside the context of a bankruptcy proceeding in Connecticut.[1] However, the Connecticut Supreme Court has given us a clue as to how it will treat this…

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Gig Economy

Subrogation and the Gig Industry: Workers’ Compensation Subrogation, PEO, and Employee Leasing Companies

Newsletter, Workers' CompensationJanuary 9, 2023

A huge segment of America’s service economy involves flexible, temporary, part-time, or freelance jobs—frequently involving professional employer organizations (PEO’s) or employee leasing companies. The “gig economy” is the labor market that relies on temporary and part-time positions filled by independent…

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