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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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  2. Category "Subrogation"

Georgia Supreme Court Allows Employer Negligence To Reduce Employee’s Recovery In Third-Party Actions

Newsletter, Subrogation, Workers' CompensationDecember 3, 2015

A new Georgia Supreme Court decision has made it easier to defend third-party tort actions involving injured employees by reducing the recoveries when employer negligence contributes the work-related injury. Walker v. Tensor Mach., Ltd., 2015 WL 7135149 (Ga. 2015). Jock…

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WHEN BOATS BURN: Subrogating Marina Boat Storage Losses

Maritime and Admiralty, Newsletter, Property, SubrogationNovember 24, 2015

The owner of the vintage 1968 57-foot Chris Craft Constellation Yacht could barely recognize the custom mahogany plank craftsmanship of his boat through the blackened ash and the tears. Yet it was the owner’s insurance company who should have been…

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PUTTING THE CART BEFORE THE HORSE: Amendment Proposed To Massachusetts’ Workers’ Compensation Subrogation Statute in Response to Judicial Activism

Newsletter, Subrogation, Workers' CompensationNovember 24, 2015

In the normal course of American jurisprudence, legislation is passed and courts decide cases according to the laws that have been passed. It seems that in Massachusetts, they have it backwards. Section 15 of the Massachusetts’ Workers’ Compensation Act provides…

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Delaware Department of Insurance Threatens Carriers Pursuing PIP Subrogation

Auto, Med Pay, PIP, Newsletter, SubrogationOctober 28, 2015

The Delaware Department of Insurance (“DOI”) is threatening to take action against those who do not abide by state mandatory arbitration law. On September 1, 2015, the Delaware DOI released a bulletin to remind all insurers writing the coverages required…

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Four Extra Years To File Your Minnesota Subrogation Claims

Auto, Med Pay, PIP, ERISA and Health Insurance, Newsletter, Product Liability, Property, Subrogation, Workers' CompensationOctober 26, 2015

We receive many questions from clients regarding Minnesota subrogation claims, including relevant statutes of limitations. One of the most frequent questions I receive has to do with the Minnesota statute of limitations for personal injury actions. For subrogation professionals outside…

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Georgia’s Property Statute Of Limitations Trap

Newsletter, Property, SubrogationOctober 26, 2015

Statute of Limitations Could Run Before Accident Occurs. It doesn’t seem possible that a statute of limitations could expire even before a loss is suffered and damages are incurred. However, that is the case in Georgia due to some questionable…

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Join MWL For A Webinar On November 17, 2015 – Louisiana Automobile Subrogation

Auto, Med Pay, PIP, Newsletter, SubrogationSeptember 30, 2015

James T. Busenlener, the managing partner of our Louisiana branch office, will be presenting a live webinar on Louisiana Automobile Subrogation: The Nuts and Bolts on November 17, 2015 from 10:00-11:00 a.m. (CST). This webinar is free to attend and…

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I Sue Dead People

Contribution and Liability, Newsletter, Property, SubrogationSeptember 29, 2015

When The Tortfeasor Dies, Your Subrogation Claim Doesn’t Need To Die Too! The author, Franz Kafka, known for his dark situations which many people relate to, once wrote a very short story about omnipotent power floating just beyond our reach.…

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Care Required When Drafting Workers’ Compensation Claim Settlements In Arizona

Newsletter, Subrogation, Workers' CompensationSeptember 28, 2015

It is said that compromise is the best and cheapest lawyer. Workers’ compensation claim’s handlers depend on compromise in their handling of disputed compensation claims. Recently, however, we have seen a growing number of our clients settling workers’ compensation claims…

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Sudden Medical Emergencies While Driving

Auto, Med Pay, PIP, Newsletter, Property, SubrogationSeptember 16, 2015

When Driving Through Somebody’s Living Room Is Not Negligence Every day in America vehicles leave the roadway, travel across well-manicured lawns, smash through garden sheds, patio furniture, swing sets, and plow through the walls of a home, coming to rest…

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