A long-standing political tug-of-war over whether a workers’ compensation carrier can initiate a third-party subrogation lawsuit and protect its subrogation rights under § 319 has ended with a disappointing Supreme Court decision. On November 21, 2018, the Pennsylvania Supreme Court decided the case of Hartford Ins. Group on Behalf of Chen v. Kamara, 2018 WL…
The Minnesota Court of Appeals has confirmed how a third-party tort recovery is to be apportioned procedurally when the employer is found to be comparatively at fault. The confusing state of affairs in Minnesota has undergone some changes in recent years, but the new decision in Fish v. Ramler Trucking, Inc., 2019 WL 272865 (Minn.…
Trucking insurers issuing motor carrier policies that contain MCS-90 Endorsements may be overlooking significant subrogation and recovery opportunities. MCS-90 subrogation is an under-utilized means of recovery that can significantly increase an insurance carrier’s bottom line. Understanding the history behind and developing a working knowledge of MCS-90 Endorsements is essential for any adjuster or subrogation professional…
When a negligent driver causes damage to another vehicle in an accident, most states allow the owner of the damaged vehicle to recover damages in tort for the reasonable cost of repairing or replacing the vehicle along with the monetary value of being without the vehicle for a reasonable period while the vehicle is being…
Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Mingmei Zhu has joined our insurance litigation team as an associate attorney in our Wisconsin office. Mingmei is licensed to practice in California. She is from Changsha, China, a “small” town of 7.5 million people in central China’s Hunan province. Mingmei is fluent in…
On December 28, 2018, the Indiana Court of Appeals issued a decision which continues to leave property subrogation involving landlords and tenant very much up in the air and subject to a case-by-case evaluation. In the case of Youell v. Cincinnati Ins. Co., 2018 WL 6816772 (Ind. App. 2018), a landlord and a tenant entered…
On January 11, 2019, the Texas Court of Appeals issued an opinion which will have a profound effect on workers’ compensation subrogation in Texas. In New Hampshire Insurance Company v. Rodriguez, 2019 WL 168482 (Tex. App. 2019), the court announced for the first time that a workers’ compensation lien can be reduced and even eliminated…
It seems strange to suggest that one of history’s greatest military battles would have anything in common with modern insurance subrogation. In 490 B.C., the Athenian army defeated the invading Persian army in a battle in the plain of Marathon, located roughly 26 miles north of Athens. According to legend, after winning the battle of…
Florida’s tug-of-war between its courts and its legislature regarding the appropriate standard for a judge to use to assess the admissibility of an expert’s opinion testimony has finally been settled. On October 14, 2018, the Florida Supreme Court announced that the Frye standard is the governing standard when determining the admissibility of expert testimony. This…
The Connecticut Supreme Court just made it easier for a landlord’s property insurer to subrogate against a tenant whose negligence causes damage to the landlord’s building. For years, Connecticut had followed the so-called “Sutton Rule” which holds that tenants are considered co-insureds under a landlord’s fire insurance policy and may not be sued by the…