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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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  2. Category "Subrogation"
Pedestrian Crosswalk

Subrogating Pedestrian/Crosswalk Injuries and Deaths

Auto, Med Pay, PIP, NewsletterMarch 2, 2023

According to the Governors Highway Safety Association (GHSA), each day last year, twenty people were struck and killed by cars. Nearly 8,000 pedestrians were killed by vehicles in 2021 – an increase of 11.5%. This represents both an alarming public…

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South Carolina Supreme Court

South Carolina Supreme Court Says Passenger/Employee May Not Recover UM Benefits From Driver/Co-Worker Auto Carrier

Auto, Med Pay, PIP, NewsletterFebruary 27, 2023

Connelly v. Main St. Am. Group, 2023 WL 152540 (S.C. 2023) South Carolina’s Exclusive Remedy Rule has prevented an employee from collecting $350,000 in uninsured motorist benefits for injuries she sustained in an automobile accident she was in while a…

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Claims Skyrocket

Total Loss Claims Skyrocket as Vehicle Technology Makes Even Slight Damage More Severe

Auto, Med Pay, PIP, Newsletter, SubrogationFebruary 22, 2023

Earlier in my career I handled a subrogation case involving a brand-new vehicle which was lightly tapped from the rear by a careless driver. The damage to the vehicle was very minimal, yet the vehicle was declared a total loss…

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Washington

Washington Court Allows Recovery for Residual Diminished Value Following Vehicle Repairs

Auto, Med Pay, PIP, Newsletter, Property, SubrogationFebruary 17, 2023

Grothe v. Kushnivich, 521 P.3d 228 (Wash. App. 2022) One by one, states have begun to recognize a vehicle owner’s third-party claim for residual diminished value damage, or “stigma damage”, which is the loss of value of an automobile that…

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Dog Fright

Subrogating “Dog Fright” Cases

Newsletter, SubrogationJanuary 23, 2023

“It’s not the size of the dog in the fight, it’s the size of the fight in the dog.” — Mark Twain One insurance company – State Farm – has referred to dog bites as a “serious public health problem.” In 2018…

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Subrogation

Nationwide “Made Whole” War Being Waged On Subrogation

Newsletter, SubrogationJanuary 17, 2023

4.07[10] Made Whole Doctrine Until recently, the Made Whole Doctrine had not been applied outside the context of a bankruptcy proceeding in Connecticut.[1] However, the Connecticut Supreme Court has given us a clue as to how it will treat this…

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Gig Economy

Subrogation and the Gig Industry: Workers’ Compensation Subrogation, PEO, and Employee Leasing Companies

Newsletter, Workers' CompensationJanuary 9, 2023

A huge segment of America’s service economy involves flexible, temporary, part-time, or freelance jobs—frequently involving professional employer organizations (PEO’s) or employee leasing companies. The “gig economy” is the labor market that relies on temporary and part-time positions filled by independent…

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Oklahoma Court of Appeals

Oklahoma Court of Appeals Rules That Workers’ Compensation Carrier Can Subrogate Death Benefits

Newsletter, Workers' CompensationDecember 28, 2022

Amy Alexander, et al. v. Nam Duong and Sentinel Insurance Company, Case No. 120,320 (Okla. App. December 2, 2022) Oklahoma’s workers’ compensation laws have endured a long and tortured constitutional tug-of-war between trial lawyers and business advocates/subrogation professionals. In 2011,…

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Mixed Damages

Mixed Damages and Made Whole in Iowa: Unraveling Yarn to Effectuate Recovery

Auto, Med Pay, PIP, NewsletterDecember 27, 2022

What you don’t know can’t help you. That is certainly the case in Iowa when plaintiff’s attorneys claim no obligation to reimburse a carrier exists based on a general assertion that the insured was not made whole. This objection overlooks…

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Connecticut Map

Trial Lawyers Fail in Bid to Make Connecticut a Made Whole Nightmare

Newsletter, SubrogationDecember 20, 2022

Davis v. Adeoye, 2022 WL 16570653 (Conn. Super. 2022) For years, trial lawyers have been threatening and filing class action lawsuits in multiple states in an effort to thwart their arch nemesis—subrogation. States such as Montana have gone so far…

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Wisconsin Office

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

Louisiana Office

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

California Office

1851 East First St.
Ste. 1150
Santa Ana, CA 92705

Texas Office

11940 Jollyville Rd.
Ste. 215N
Austin, TX 78759

Florida Office

1301 Riverplace Blvd.
Ste. 2140
Jacksonville, FL 32207

Massachusetts Office

99 Derby St.
Ste. 200
Hingham, MA 02043

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