We are in the early stages of sifting through the debris of Hurricane Ian and calculating the financial and human toll it took after coming ashore in Southwest Florida with 150 mph winds and 20 inches of rain. The insured losses expected to flow from this natural disaster are still being calculated, but estimates range…
As Hurricane Ian fades into the Atlantic and insurance professionals are left to sort out the devastation in its wake, another 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…
Until recently, Virginia courts had not applied or even discussed at length the equitable Made Whole Doctrine. Its application had been rejected in a 1998 unreported state circuit court ruling involving a self-funded medical reimbursement plan.[1] In the case of P.R.C., Inc. v. Jones Welding & Repair, Inc., Judge Jane Roush wrote: O’Bryan’s reliance on…
In addition to paying for medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, independent medical exam (IME) fees, expert fees, functional capacity evaluation charges, rehabilitation benefits, physician advisor fees, behavioral…
Flooding is the number one natural peril in the U.S.—even more devastating than wildfires and storms. Since 2011, there have been over $100 billion in insured losses from flood events around the globe. Over the past three decades, Matthiesen, Wickert & Lehrer, S.C. has been on the forefront of subrogating catastrophic flooding and other natural…
On Friday, August 19, a huge fire ripped through the historic and family-owned Mattapoisett Boatyard in southern Massachusetts, a short distance south of MWL’s Boston office. The fire destroyed five buildings, three dozen cars, and countless expensive boats. Continuous explosions and fuel from the boats left the property a complete loss, making subrogation efforts difficult…
New Law Mandates That Insurance Companies Report All Dog Bite Claims To The State. It’s a great trivia question. Which state has the most dog bite claims? The answer probably won’t surprise you—California, with 2,103 insurance claims in 2020, followed by Florida, Texas, New York, Pennsylvania, Ohio, and Illinois. What may surprise you, however, is…
New York Botanical Garden v. Allied World Assurance Co. (U.S.) Inc., 16127, 2022 WL 2124845 (N.Y. App. Div. 1st Dept. June 14, 2022). Cajun Conti, LLC v. Certain Underwriters at Lloyd’s, London, 2021-CA-0343, 2022 WL 2154863 (La. App. 4th Cir. June 15, 2022). There is a hole in the dam. Prior to June 14, every one…
Pulitzer prize winning historian David McCullough once said that “Writing is thinking. To write well is to think clearly. That’s why it is so hard.” When claims adjusters, subrogation professionals, and/or subrogation lawyers document a settlement or stipulation with an insured’s or employee’s attorney regarding a subrogation interest, getting all the right words in the…
Calling all health subrogation professionals!! This is the sixth in a series of complimentary webinars created just for you by Ryan Woody, Nancy Case, and Catherine Dowie. To learn more about this webinar or to register for it, visit the below link. https://attendee.gotowebinar.com/register/7416755009721394699