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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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Pushing Boulder Up Mountain

The Hard Work of Successful Subrogation

Newsletter, SubrogationMarch 11, 2021

Ancient mythology and the modern practice of subrogation would seem to be strange bedfellows. Yet one story from the past has particular relevance when it comes to the never-ending toil required for aggressive and successful insurance subrogation. Sisyphus was the…

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Insured Yes or No

Uninsured Motorist Subrogation: Pursuing The Uninsured At-Fault Driver

Auto, Med Pay, PIP, NewsletterMarch 5, 2021

“Is the Juice Worth The (Florida Orange) Squeeze?” Carriers and adjusters are all too familiar with the “Judgment Proof Uninsured At-Fault Motorist.” Unless your insured happened to be driving in the Tampa area and was t-boned by Tom Brady, the…

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Webinar on Laptop

Join MWL for a Webinar on Introduction to California Workers’ Compensation Subrogation

Newsletter, Workers' CompensationFebruary 22, 2021

Katherine A. Sandoval will be presenting a MWL webinar on Introduction to California Workers’ Compensation Subrogation on April 14, 2021 from 11:00 to 12:30 p.m. (CDT). There are very few areas in which the law of each individual state vary…

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Freezing In House

Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter

Newsletter, PropertyFebruary 22, 2021

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it…

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Subrogating Natural Disasters

Record Cold and Snow in the South Will Lead to Many Subrogation Opportunities

Newsletter, PropertyFebruary 19, 2021

Although I am a native Texan, I grew up in Wisconsin. Therefore, I am no stranger to cold weather or the devastating effects it can have on people and property. When I moved back to Texas two years ago to…

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Slip and Fall Subrogation

Subrogating Slip And Fall Cases Involving Snow And Ice

Newsletter, PropertyFebruary 12, 2021

Injury and workers’ compensation cases involving slips and falls on snow and ice during winter in America’s northern states, and southern states this year, continue to be a perplexing subrogation puzzle for insurance claims and subrogation professionals. During the winter…

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Automobile Insurance Subrogation

New Maryland Law Encourages Drivers To Drive Without Insurance

Auto, Med Pay, PIP, NewsletterJanuary 22, 2021

There is a pandemic afoot that may rival COVID-19 in the amount of destruction it leaves in its wake. Nearly one U.S. driver in eight is speeding around on American roads and highways without any liability insurance. Even though every…

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Alabama State Flag

Subrogating Workers’ Compensation Death Benefits In Alabama

Newsletter, Workers' CompensationJanuary 15, 2021

Workers’ compensation subrogation in Alabama isn’t as clear as it might otherwise appear—especially when an employee dies. Alabama’s Survival Statute, § 6-5-462, did not change the common law rule that a cause of action in tort does not survive in…

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Delaware Flag

Delaware Workers’ Compensation Subrogation Rights Do Not Extend to PPD And Commutation Benefits

Newsletter, Workers' CompensationJanuary 8, 2021

The Delaware Supreme Court recently affirmed a ruling which constitutes a potentially very dangerous and confusing opinion. Some might read the decision in ACW Corporation v. Maxwell, 2020 WL 678778 (Del. 2020) as a major departure from both the Delaware…

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Virginia Made Whole Doctrine

Virginia Trial Judge’s Order Fuels Rumor That Carrier Has No Lien for Lump-Sum Workers’ Compensation Settlement

Newsletter, Workers' CompensationDecember 22, 2020

An obscure and unpublished circuit court order from Buckingham County, Virginia, is being circulated by trial lawyers across the Old Dominion State for the proposition that a workers’ comp carrier is not entitled to subrogation for or reimbursement of any…

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