Category Archives: Subrogation

“Matching Regulations” Affecting Homeowners’ Insurance Claims

Posted by Gary L. Wickert on February 8, 2019

It remains one of the most difficult issues to deal within the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and … Learn More

Pennsylvania Supreme Court Destroys Compensation Carrier’s Ability To Initiate Filing Of Third-Party Action

Posted by Gary L. Wickert on February 8, 2019

A long-standing political tug-of-war over whether a workers’ compensation carrier can initiate a third-party subrogation lawsuit and protect its subrogation rights under § 319 has ended with a disappointing Supreme Court decision. On November 21, 2018, the Pennsylvania Supreme Court … Learn More

Minnesota Clarifies Third-Party Allocation Procedure When The Employer Is Negligent

Posted by Gary L. Wickert on February 6, 2019

The Minnesota Court of Appeals has confirmed how a third-party tort recovery is to be apportioned procedurally when the employer is found to be comparatively at fault. The confusing state of affairs in Minnesota has undergone some changes in recent … Learn More

Join MWL For A Live Webinar On Subrogation Magic: Creating Something Out of Nothing – MCS-90 Claims Against Uninsured Operators

Posted on January 28, 2019

Trucking insurers issuing motor carrier policies that contain MCS-90 Endorsements may be overlooking significant subrogation and recovery opportunities. MCS-90 subrogation is an under-utilized means of recovery that can significantly increase an insurance carrier’s bottom line. Understanding the history behind and … Learn More

HOW TO GET PAID FOR BEING USE-LESS: Understanding Loss of Use Claims

Posted by Gary L. Wickert on January 28, 2019

When a negligent driver causes damage to another vehicle in an accident, most states allow the owner of the damaged vehicle to recover damages in tort for the reasonable cost of repairing or replacing the vehicle along with the monetary … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Mingmei Zhu To The Firm

Posted by Gary L. Wickert on January 28, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Mingmei Zhu has joined our insurance litigation team as an associate attorney in our Wisconsin office. Mingmei is licensed to practice in California. She is from Changsha, China, a … Learn More

Indiana Landlord-Tenant Property Subrogation Claims Become More Predictable

Posted by Gary L. Wickert on January 23, 2019

On December 28, 2018, the Indiana Court of Appeals issued a decision which continues to leave property subrogation involving landlords and tenant very much up in the air and subject to a case-by-case evaluation. In the case of Youell v. … Learn More

Texas Workers’ Compensation Subrogation Dealt Blow

Posted by Gary L. Wickert on January 15, 2019

On January 11, 2019, the Texas Court of Appeals issued an opinion which will have a profound effect on workers’ compensation subrogation in Texas. In New Hampshire Insurance Company v. Rodriguez, 2019 WL 168482 (Tex. App. 2019), the court announced … Learn More

Subrogation Victory And The Battle Of Marathon

Posted by Gary L. Wickert on January 3, 2019

It seems strange to suggest that one of history’s greatest military battles would have anything in common with modern insurance subrogation. In 490 B.C., the Athenian army defeated the invading Persian army in a battle in the plain of Marathon, … Learn More

Florida Adopts “Frye Standard” For Experts

Posted by Gary L. Wickert on December 13, 2018

Florida’s tug-of-war between its courts and its legislature regarding the appropriate standard for a judge to use to assess the admissibility of an expert’s opinion testimony has finally been settled. On October 14, 2018, the Florida Supreme Court announced that … Learn More