Category Archives: Auto, Med Pay, PIP

Auto, Med Pay, PIP Subrogation Posts

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

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

Washington Supreme Court Throws Automobile Subrogation Into Chaos

The Spanish philosopher George Santayana once said that, “Chaos is the name we give order which produces confusion in our minds.” With that definition in mind, the July 3, 2019 Washington Supreme Court decision of Daniels v. State Farm Mut. … Learn More

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

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

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

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

Uber, Lyft, And New York Loss Transfer

Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153 billion … Learn More

Arizona Becomes 48th State To Prohibit Cell Phone Use While Driving

Every year, more than 170 billion cell phone texts are sent and received. Each year, an average of 3,000 people die and 450,000 are injured in motor vehicle accidents involving distracted drivers. Ten percent of all drivers who are 15 … Learn More

Join MWL for a Webinar on Texas Automobile Subrogation July 16, 2019 at 10:00-11:00 a.m.

Texas has more roads than any other state in the country. It has over 15 million licensed drivers on the road and its residents own and operate more than 8 million automobiles—twice as many as New York or Illinois and … Learn More

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

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

WHY DID THE PLAINTIFF CROSS THE ROAD? Understanding Pedestrian and Crosswalk Laws in All 50 States

Every year approximately 76,000 pedestrians suffer injuries when they are struck by a moving vehicle. Beginning in 2016, America experienced a significant increase in the number of pedestrian fatalities, and in 2017 alone, there were nearly 6,000 pedestrian deaths in … Learn More