Category Archives: Subrogation

Amazon.com And The Liability Shield

Posted by Aaron D. Plamann on July 31, 2019

Amazon.com is the world’s largest online retail marketplace. In the subrogation world, it’s common knowledge that, in states that allow strict liability claims against entities in the supply chain, Amazon attempts to preclude any liability by arguing that it is … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Jake Simon To The Firm

Posted on July 30, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is very proud to announce that Jake Simon has joined our insurance litigation team as a litigating subrogation associate in our Hartford, Wisconsin office. Jake is a Badger and received his undergraduate degree at … Learn More

Delaware Workers’ Compensation Subrogation Rights Do Not Extend To PPD and Commutation Benefits

Posted by Gary L. Wickert on July 23, 2019

ACW Corporation v. Maxwell, 2019 WL 3024049 (Del. Super. 2019) In what seems like a never-ending assault on an employer’s/carrier’s statutory right of subrogation and reimbursement, a Delaware Superior Court—the state trial court of general jurisdiction which also serves as … Learn More

Subrogation Counsel, Data Breaches, And Cybersecurity

Posted by Gary L. Wickert on July 23, 2019

Carriers Are Only as Secure as Their Weakest Link What do you really know about the strengths and weakness of the cybersecurity measures taken by the subrogation counsel and recovery vendors you engage to assist with subrogation recoveries? This past … Learn More

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Mark A. Solomon To The Firm

Posted on July 15, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome seasoned trial attorney Mark A. Solomon to the firm as a partner. Mark brings with him a wealth of litigation and insurance claims experience to MWL’s Austin, Texas office. After … Learn More

Texas Comp Carrier And Subrogation Attorney Sued For Fraud For Including Case Management Fees In Subrogation Lien

Posted by Gary L. Wickert on July 10, 2019

In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, … Learn More

Auto Insurer Argues Drunk Driving Accidents Not Covered Under Liability Policy: 5th Circuit Disagrees

Posted by Gary L. Wickert on July 8, 2019

Frederking v. Cincinnati Ins. Co., 2019 WL 2751700 (5th Cir. 2019). Carlos Sanchez got drunk and crashed into Richard Frederking while driving his employer’s vehicle insured by Cincinnati Insurance Company. Seriously injured, Frederking sued Sanchez in Texas state court and … Learn More

Minnesota and Tennessee Pass Hands-Free Cell Phone Laws

Posted by Gary L. Wickert on July 3, 2019

On Tuesday, April 9th, the Minnesota legislature passed new hands-free legislation requiring drivers to have their cell phones in hands-free mode while their vehicle is moving. The law, signed by Gov. Tim Walz, goes into effect on August 1, 2019. … Learn More

The Red Light Traffic Camera Controversy

Posted by Lee R. Wickert on June 19, 2019

There is an ongoing and heated national debate over the growing practice of law enforcement using red light traffic cameras. More than 500 cities and other municipalities across the country have installed some form of red light camera systems to … Learn More

Kansas Declares Damage Caps Unconstitutional

Posted by Gary L. Wickert on June 17, 2019

On June 14, 2019, the Kansas Supreme Court issued a landmark decision that changes the landscape of personal injury and workers’ compensation third-party cases. In Hilburn v. Enerpipe Ltd., 2019 WL 2479464 (Kan. 2019), the Court declared K.S.A. § 60-19a02 … Learn More