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Matthiesen, Wickert & Lehrer S.C.
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      • Automobile Insurance Subrogation In All 50 States
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Subrogation

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Marshall Colorado Wildfire

Settling Subrogation Claims And The Dreaded Release: Release Language, Indemnity, Hold Harmless, and Other Concerns

Newsletter, Workers' CompensationNovember 24, 2020

The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.”…

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Arizona Flag

Arizona Court Rules Med Pay Carrier Only Responsible For Paying Reasonable Medical Expenses—Not Amount Billed To Insured

Newsletter, SubrogationNovember 23, 2020

In the continuing struggle between recovery of medical expenses billed vs. recovery of discounted medical expenses paid by insurers, an Arizona federal court has sounded off on the duty and obligation of a Med Pay carrier with respect to paying…

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US Flag with Hard Hat

Understanding War Hazard Act (WHA) Subrogation Claims

Newsletter, Workers' CompensationNovember 13, 2020

Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950. The Office of Workers’ Compensation Programs administers this Act, just as it does the Federal…

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Subrogation Trap

Florida’s Subrogation Trap

Auto, Med Pay, PIP, NewsletterOctober 28, 2020

Subrogation professionals must be aware that Florida’s collateral source statute contains a trap for the unwary. Under F.S.A. § 768.76 (6), if a provider of collateral source benefits (e.g., Med Pay or health insurance benefits) does not respond to the…

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Auto Insurance

Florida PIP Subrogation And The Mysterious Commercial Vehicle Exception

Auto, Med Pay, PIP, NewsletterOctober 28, 2020

Let’s just say it. Florida PIP subrogation is a pain in the butt. The state was almost out of the weeds in 2007 when its no-fault laws automatically sunsetted; but the legislature passed a new no-fault law which took effect…

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Expert Witness Seal

Understanding The Use Of Experts In Florida Subrogation Cases

Newsletter, PropertyOctober 27, 2020

Florida property subrogation is big business. It has the third-most automobiles on the road, behind California and Texas. It has the most condominium units of any state—by a country mile. According to the Insurance Information Institute, it is second only…

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Man with Neck Injury from Accident

Florida PIP On The Chopping Block Once Again

Auto, Med Pay, PIP, NewsletterOctober 27, 2020

In 2014, Florida surpassed New York becoming the third-most-populous state in the nation, and as of last year has an annual $1 trillion Gross Domestic Product (GDP) making it the 17th largest economy in the world. What happens in the…

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Jacksonville, Florida Skyline

Matthiesen, Wickert & Lehrer Launches New Jacksonville Branch Office And Welcomes Partner Elizabeth Hernandez To The Firm

Newsletter, SubrogationOctober 26, 2020

Jacksonville, Florida Office Opens October 12, 2020. MWL is proud to announce the opening of its new Jacksonville, Florida subrogation law office. For years, MWL has represented workers’ comp carriers, auto carriers, self-insured companies, third-party adjusting companies, and subrogation vendors…

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Pennsylvania State Flag

Spoliation In Pennsylvania Now Requires Proof Of “Bad Faith” Or Intentional Actions

Newsletter, PropertyOctober 6, 2020

Spoliation has become a growing problem in the world of insurance subrogation. Far too often, claims representatives or subrogation professionals fail to secure defective products or other evidence important to a future subrogation claim. In far too many cases, the…

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General Contractor

General Contractor Overhead And Profit And AOB Insurance Scams

Newsletter, PropertySeptember 29, 2020

A storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage of a much more insidious nature. Following a storm or other natural disaster, canvassers hired by the “hail cartel”—lawyers or…

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