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Subrogation

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Wisconsin Legislature Plugs Temporary Employer Exclusive Remedy Loophole

Newsletter, Workers' CompensationMarch 15, 2018

It was the Wisconsin Legislature to the rescue. On January 6, 2018, the Wisconsin Court of Appeals held that a temporary employee on loan to a special employer appeared to have an option of either filing a workers’ compensation claim…

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Equitable Subrogation/Contribution Among Coinsurers And Duct Tape: Why You Can’t Have One Without The Other

Newsletter, SubrogationMarch 12, 2018

When multiple insurers provide coverage for a single loss or accident, things can get confusing. Coinsurance can arise as a result of conscious risk-sharing or accidentally when two policies have overlapping coverage. Litigation involving who pays what, when, and in…

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Recovering Workers’ Compensation Lien Out Of Legal Malpractice Recovery In California

Newsletter, Workers' CompensationMarch 6, 2018

There is little law in California regarding the subrogation/reimbursement and/or future credit rights of an employer or workers’ compensation carrier when an employee makes a third-party recovery because of legal malpractice in the handling of the employee’s attorney. This is surprising,…

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Uber, Lyft, And New York Loss Transfer

Auto, Med Pay, PIP, NewsletterFebruary 28, 2018

Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer has arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153…

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Subrogating E-Cigarette Explosions

Newsletter, Product Liability, PropertyFebruary 13, 2018

E-cigarettes are advertised and sold as a safer alternative to traditional cigarettes. They literally burst onto the scene back in 2007 and are now a $7 billion global industry made up of roughly 500 brands. Some of the most popular brands…

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Don’t Give Frozen Pipe Subrogation The Cold Shoulder

Newsletter, PropertyFebruary 12, 2018

Most people remember from grade-school science class that water expands as it freezes. There is also a common misconception that this expanding ice physically causes a pipe to rupture. However, this expanding ice is often only one part of the equation, in…

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Wisconsin Temporary Employees Who Do Not File Workers’ Compensation Claim Can Sue Special Employers

Newsletter, Workers' CompensationFebruary 8, 2018

It seems that in Wisconsin, the Exclusive Remedy Rule, which prevents an employee from suing his employer in tort, isn’t all that it’s cracked up to be. On January 6, 2018, the Wisconsin Court of Appeals held that a temporary…

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Texas Supreme Court Denies Appeal In Waiver Of Subrogation Case

Newsletter, Workers' CompensationFebruary 2, 2018

On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals in Ins. Co. of the State of Pennsylvania v. Roberts, 506 S.W.3d 498 (Tex. App. 2016), review denied…

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KNOWLEDGE IS THE KEY THAT UNLOCKS ALL DOORS: Follow Matthiesen, Wickert & Lehrer Deeper into the Matrix of Subrogation Via Social Media

Newsletter, SubrogationJanuary 24, 2018

The vagaries and complexity of nationwide subrogation have, for many lawyers and insurance professionals, made keeping current with changing subrogation law in all 50 states an arduous and laborious task — the subrogation equivalent of Sisyphus rolling the stone up…

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Train Wreck Damages Cap May Impede Subrogation Recovery In Rail Disaster Cases

Newsletter, Subrogation, Transportation and CargoJanuary 18, 2018

The Amtrak Cascades 501 departed Seattle on its inaugural voyage on the morning of December 18, 2017. Just after 7:30 a.m., the train derailed at high speed in DuPont, Washington, causing three fatalities, dozens of injuries, and widespread destruction. Government reports…

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PO Box 270670
Hartford, WI 53027

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Hingham, MA 02043

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