James T. Busenlener, the managing partner of our Louisiana branch office, will be presenting a live webinar on Louisiana Automobile Subrogation: The Nuts and Bolts on November 17, 2015 from 10:00-11:00 a.m. (CST). This webinar is free to attend and…
When Driving Through Somebody’s Living Room Is Not Negligence Every day in America vehicles leave the roadway, travel across well-manicured lawns, smash through garden sheds, patio furniture, swing sets, and plow through the walls of a home, coming to rest…
On March 23, 2015, Oregon Governor Kate Brown signed into law Senate Bill 411, making substantial changes to Oregon’s Personal Injury Protection (“PIP”) and uninsured/underinsured (“UM/UIM”) statutes. The Bill amends several Oregon statutes and doubles the PIP medical benefit period…
The campaign to establish liability under the Fair Debt Collection Practices Act (FDCPA) in connection with subrogation took an interesting turn recently, but ultimately reached another dead end. The federal judiciary has made it clear, time and again, that the…
Approximately 12% to 14% of all accidents result in a total loss, a number which has been trending upward since 2002. Insurance companies faced with first-party claims on policies are responsible for paying the actual cash value or market value…
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. It is one of the most frequent questions we receive. Many…
Gary Wickert will be presenting a complimentary webinar on Colorado Automobile Subrogation: The Nuts And Bolts on July 14, 2015 from 10:00-11:00 a.m. (CDT). This webinar will cover the nuts and bolts of auto subrogation in Colorado, touching on every topic…
The well-orchestrated attack on subrogation continues. Trial lawyer listservs, legal conferences, and organizational efforts to combat subrogation on all fronts have resulted in a rash of class action suits aimed at subrogated carriers based on alleged violations of the Made…
One of the recurring questions Matthiesen, Wickert & Lehrer, S.C. (MWL) is called on to answer involves when and under what circumstances the insured suffering automobile property damage, or his or her subrogated automobile insurer, may recover for diminution in…
There is a great deal of confusion in Louisiana regarding whether a workers’ compensation carrier can subrogate against or receive reimbursement from the proceeds of an uninsured or underinsured (UM/UIM) automobile policy. The Louisiana Supreme Court has unequivocally stated that…