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Matthiesen, Wickert & Lehrer S.C.
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Auto, Med Pay, PIP

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7,540 Reasons To Include Your Insured’s Deductible In Your Subrogation Claim

Auto, Med Pay, PIP, Newsletter, SubrogationSeptember 18, 2014

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make…

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Unpublished New Jersey Decision Calls Into Question Comp Carrier’s Subrogation Rights Against UM/UIM Benefits

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationAugust 27, 2014

A recent unpublished and quite puzzling decision from the New Jersey Superior Court, Appellate Division, threw decades of established New Jersey subrogation law into question when it announced that a workers’ compensation carrier has no subrogation/reimbursement rights on the medical…

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Illinois Applies Common Fund Doctrine To Med Pay Set-Off

Auto, Med Pay, PIP, Newsletter, SubrogationMay 27, 2014

In one of last year’s most questionable court decisions, a sharply-divided Illinois Court of Appeals has held that the Common Fund Doctrine applies to Med Pay set-offs. In Scheppler v. Pyle, 2013 IL App. (3d) 110380-U (Ill. App. 2013), Peggy…

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PIP Subrogation/Reimbursement From Workers’ Comp Carrier In Pennsylvania

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationMay 27, 2014

Personal Injury Protection (PIP) coverage is mandatory in Pennsylvania. Due to Pennsylvania being an optional or “choice” no-fault state, insureds must choose between “full tort” and “limited tort” options, and PIP coverage must be provided. Pennsylvania, New Jersey, and Kentucky…

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Hawaii PIP Subrogation Resurrected

Auto, Med Pay, PIP, Newsletter, SubrogationMarch 25, 2014

Minnesota and Hawaii don’t have a lot in common. However, the Minnesota Court of Appeals – of all places – recently laid down some rather novel and earth-shattering law with regard to PIP subrogation in Hawaii. In American Family Mutual…

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Subrogation Sanity Partially Restored In Montana

Auto, Med Pay, PIP, Newsletter, Property, SubrogationMarch 3, 2014

Robert Van Orden v. USAA, 2014 MT 45 (Mont. 2014) Montana has long been one of the toughest states to subrogate in because it has a very strict made whole policy. It is the public policy in Montana that an…

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Recovering Loss Of Use Damages In Texas: It’s Time For A Change

Auto, Med Pay, PIP, Newsletter, Property, SubrogationFebruary 20, 2014

Two Texas vehicle owners driving identical vehicles are involved in accidents caused by a negligent tortfeasor. Both contact their insurance company regarding their damaged vehicles. Both must wait for an appraiser to inspect the vehicle and write a report. One…

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Mandatory Arbitration of Illinois Auto Property Subrogation Claims Held Unconstitutional

Auto, Med Pay, PIP, Newsletter, Property, SubrogationJanuary 21, 2014

As most subrogation professionals handling auto subrogation in Illinois know, Illinois Senate Bill signed into law effective January 1, 2012 changed subrogation in that state significantly. For the first time, Illinois mandated that in collision subrogation cases involving amounts less…

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Health Insurance Subrogation and Michigan No-Fault

Auto, Med Pay, PIP, ERISA and Health Insurance, Newsletter, SubrogationDecember 12, 2013

One of the more common misconceptions one hears in the realm of health and accident subrogation is that, when it comes to motor vehicle accidents, “there is no subrogation in Michigan.” No one can deny that the Michigan No-Fault Act…

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When Is A Vehicle Considered Totaled?

Auto, Med Pay, PIP, Newsletter, SubrogationNovember 22, 2013

When and whether a vehicle involved in a collision is considered to be “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories about older, functioning automobiles being “totaled” simply…

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1111 E. Sumner St.
PO Box 270670
Hartford, WI 53027

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101 W. Robert E. Lee Blvd.
Ste. 401
New Orleans, LA 70124

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