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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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Join MWL for a Webinar on the Complete Guide to Selecting, Hiring, and Using the Right Experts in Subrogation Cases

Newsletter, SubrogationAugust 27, 2018

The necessity of utilizing expert witnesses in claims adjusting, recovery investigation, and subrogation litigation has risen exponentially over the last 20 years. When an expert is necessary, where experts can be located and selected, and how they can be cost-effectively…

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Arizona Reverses Itself On Post-Settlement Trials

Newsletter, Workers' CompensationAugust 24, 2018

Work Comp Third-Party Settlement Not Subject to Aitken Reduction In Arizona, a workers’ compensation carrier’s statutory lien under § 23–1023 is subject to being reduced if an employer is found to be negligent by a jury. In Aitken v. Indus.…

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Subrogable: Is It Or Isn’t It A Word?

Newsletter, SubrogationAugust 17, 2018

Setting the Record Straight We are just as guilty as everyone else. Words matter, and in our industry, they are our tools. Therefore, using the right words would seem to be a priority. Making them up isn’t. Our firm reviews…

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Insurance

Non-Standard Auto Insurance Subrogation

Auto, Med Pay, PIP, NewsletterAugust 16, 2018

Even non-standard auto insurers enjoy getting checks in the mail. The effective subrogation of Med Pay, PIP, UM/UIM, and collision claims by non-standard auto insurers means money coming into a segment of the insurance industry that historically has been much…

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Check Your Everlotus Supply Lines: Interline Brands Settles Class Action Lawsuit Involving DuraPro Toilet Connectors

Newsletter, PropertyAugust 8, 2018

Almost everyone involved in handling property damage subrogation has faced a claim involving a failed water supply line that was sold or distributed by Interline Brands, Inc. These supply lines are often identified as “Everlotus” supply lines based on the…

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Tautology And The Art Of Listening

Newsletter, SubrogationAugust 3, 2018

We only hear half of what we listen to. Perhaps that is why most people instinctively use tautology when they write or speak. Tautology is the use of different words to say the same thing or repeating the same thing…

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Auto Insurer Doesn’t Have To Reimburse 100% Of Deductible In Order To Make Its Insured Whole

Auto, Med Pay, PIP, NewsletterJuly 24, 2018

Most auto insurance policies require their insured to pay a deductible when a claim is made. If the auto carrier is successful in subrogating a particular loss against a third party and recovers its claim payments, the issue often becomes…

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Why Molten Lava And Insurance Don’t Mix

Newsletter, PropertyJuly 16, 2018

Subrogating Pele and the Goddess of Fire In the Hawaiian religion, Tūtū Pele is the goddess of fire and volcanoes and the creator of the Hawaiian Islands. Hawaiians believe Kilauea to be inhabited by a “family of fire gods”, one…

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Another State Bans Hand-Held Devices While Driving

Auto, Med Pay, PIP, NewsletterJuly 11, 2018

Georgia has joined fifteen other states which have outlawed the use of hand-held cellphones and mobile devices while driving. A new law signed by Governor Nathan Deal makes watching movies, shooting video, and even the mere “holding” of hand-held devices…

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Subrogation Adjusters Can Now Sign Texas Medical Expense Affidavits

Newsletter, Workers' CompensationJune 25, 2018

A generation ago, subrogation professionals were almost unheard of. Over the years, however, as prudent businesses and insurance companies began to insist on their statutory and contractual rights of subrogation, the profession has grown. On February 8, 2018, the Texas…

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