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Subrogation

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NO PAY, NO PLAY: What Is It? How Does It Affect Claims Handling?

Auto, Med Pay, PIP, NewsletterNovember 28, 2016

Most states now have mandatory car insurance laws that require all drivers to have some type of insurance. New Hampshire is the last of the 50 states which does not require mandatory automobile liability insurance. Wisconsin was second to last,…

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Waivers Of Subrogation Endorsements Are Like Onions

Newsletter, Workers' CompensationOctober 27, 2016

A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up…

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SUBROGATING HAWAI’I: Navigating The Subrogation Trade Winds In “The Middle Of Nowhere”

Auto, Med Pay, PIP, Newsletter, Property, Workers' CompensationSeptember 29, 2016

Hawai’i. There is no place like it on earth. It is the most remote population center on the face of the planet, 2,400 miles from the nearest anything. It has the most diverse population on earth, with no racial or…

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SUBROGATION MAGIC: Creating Something Out Of Nothing – Subrogating MCS-90 Endorsements

Newsletter, Transportation and CargoSeptember 29, 2016

In 2010, researchers at the University of Michigan hypothesized that it is theoretically possible to conjure particles from a complete vacuum under the right circumstances. Performing such a feat in the world of subrogation might seem improbable, but subrogation theory…

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SALES AND USE TAXES ON SUBROGATION SERVICES: Navigating The Sales Tax Maze In South Dakota, New Mexico, And Hawaii

Newsletter, SubrogationSeptember 28, 2016

As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of imposing a tax on professional services, whether as a sales tax (including…

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Connecticut Supreme Court Grants Workers’ Compensation Carrier Right To File Third-Party Action

Newsletter, Workers' CompensationSeptember 26, 2016

Until recently, Connecticut’s Workers’ Compensation Subrogation Statute, § 31-293, labored under the judicial interpretation by which an employer was allowed to file a third-party action, but its workers’ compensation carrier was not. Subrogated carriers had to hope that the employee…

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SUING THE KING: State Sovereign Immunity And Tort Liability In All 50 States

Auto, Med Pay, PIP, Construction Defect, Contribution and Liability, Newsletter, Property, Subrogation, Workers' CompensationSeptember 7, 2016

Ronald Reagan famously said, “The most terrifying words in the English language are: I’m from the government and I’m here to help.” Government has become almost synonymous with ineptitude. So it should be no surprise that every day people are…

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TAKING SUBROGATION SHORTCUTS MEANS GETTING CUT SHORT: New Louisiana Decision Highlights Pitfalls Of Not Intervening

Newsletter, Workers' CompensationAugust 31, 2016

Matthiesen, Wickert & Lehrer, S.C. has consistently advised its Louisiana clients to always intervene in third-party tort suits to recover workers’ compensation benefits, as some published opinions have suggested that a workers’ compensation carrier waives its right of recovery if…

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New Major Medicare Advantage Decision

ERISA and Health Insurance, NewsletterAugust 30, 2016

On August 8, 2016, the 11th Circuit issued its opinion in Humana v. Western Heritage, 15-11436 (11th Cir., August 8, 2016). It is a major victory for Medicare Advantage Organizations (MOAs) and a major blow to liability insurers. Matthiesen, Wickert…

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SLICING THE PIE: Resolving Multiple Claims in Excess of Policy Limits

Newsletter, SubrogationAugust 30, 2016

Insurance subrogation professionals are routinely faced with minimum limits scenarios which complicate otherwise straightforward subrogation cases. When a third-party liability carrier’s insurance limits are insufficient to pay the claims of multiple claimants, the carrier must begin to assess the hierarchy…

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