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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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  2. Category "Subrogation"

Oklahoma Option Flagged As Unconstitutional

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationMarch 23, 2016

In the 1970s, the Oklahoma Sooners’ NCAA football team successfully began implementing a new offensive system known as the “option offense.” Sooner Coach Barry Switzer has been credited by many for having perfected the use of the wishbone offense, a…

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MASS TORTS SUBROGATION ALERT: DePuy Pinnacle Jury Renders $502 Million Plaintiff’s Verdict

ERISA and Health Insurance, Newsletter, SubrogationMarch 21, 2016

The second bellwether trial of the DePuy Pinnacle Hip Implant multi-district litigation concluded on Thursday, March 17, 2016, with a whopping $502 million verdict against defendants DePuy Orthopaedics, Inc. and Johnson & Johnson. Following months of trial in the Northern…

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THE FAILURE OF NO-FAULT INSURANCE

Auto, Med Pay, PIP, Newsletter, SubrogationMarch 16, 2016

The Future Of Auto Insurance In No-Fault States In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through their…

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West Virginia Finally Weighs In On Landlord/Tenant Subrogation

Newsletter, Property, SubrogationMarch 15, 2016

Subrogation against a negligent tenant by a landlord’s property insurer is a major source of recovery income for many insurers. Unfortunately, as is all too often the case, the law in many states has been developed in such a way…

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Massachusetts Supreme Court Ignores Clear Wording of Workers’ Compensation Subrogation Statute and Intent of Legislature

Newsletter, Subrogation, Workers' CompensationFebruary 29, 2016

Since 1939, § 15 has provided that a workers’ compensation carrier receives first priority recovery from a third-party settlement or judgment. In particular, it provides that “the sum recovered” in the third-party action (also defined as the “gross sum received…

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Subrogating Snowmageddon And Winter Roof Collapses

Construction Defect, Newsletter, Property, SubrogationFebruary 23, 2016

As someone whose childhood winter chores included “shoveling the roof”, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record…

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If A Tree Falls In The Forest, Does The Subrogation Department Hear It?

Newsletter, Property, SubrogationFebruary 15, 2016

During my first decade of practicing law in Texas, I enjoyed a good professional relationship with Texas Governor Greg Abbott. In those days, Greg, who is my age and earned his law degree one year after me, was a young…

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Significant Changes To Wisconsin’s Dog Bite Statute

Insurance Coverage, Insurance Defense, Newsletter, PropertyFebruary 9, 2016

Wisconsin’s so-called dog bite statute entitled “Owner’s Liability for Damage Caused by Dog” is currently set forth in Wis. Stat. § 174.02. Section 174.02(1)(a) deals with a “first bite” of a dog while § 174.02(1)(b) deals with a “second bite”…

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Join Us For A Webinar On February 25, 2016 – Introduction to Property and Casualty Subrogation

Newsletter, Property, SubrogationJanuary 28, 2016

Gary L. Wickert will be presenting a complimentary webinar on February 25, 2016 at 10:00 a.m. (Central) on Introduction To Property and Casualty Subrogation. From recognition of subrogation in difficult fact settings to effective and thorough, yet cost-effective, investigation of natural…

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Georgia Supreme Court Issues Major Comp Subrogation Apportionment Decision

Newsletter, Subrogation, Workers' CompensationJanuary 28, 2016

Just when you thought workers’ compensation subrogation in this country’s most difficult state could not get any more difficult, it does. In Zaldivar v. Prickett, 774 S.E.2d 688 (Ga. 2015), Prickett sued Zaldivar for injuries resulting from a 2009 work-related…

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