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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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The Parable Of The Crippled Mare: Loss-Of-Use Now Recoverable In Texas Total-Loss Auto Cases

Auto, Med Pay, PIP, Newsletter, SubrogationJanuary 25, 2016

Many years ago, a lawyer argued that the long-standing Texas rule prohibiting recovery of damages for loss-of-use of personal property, unless the property was a total loss or destroyed was unfair. City of Canadian v. Guthrie, 87 S.W.2d 316 (Tex. Civ.…

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License To Steal: Supreme Court Helps Plan Beneficiaries Avoid Repaying Subrogated Health Plans

ERISA and Health Insurance, Newsletter, Occupational Accident, SubrogationJanuary 21, 2016

Trial lawyers are happy. On January 20, 2016, the U.S. Supreme Court issued their written opinion in the long-anticipated ERISA subrogation case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 2016 WL 228344 (Jan.…

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This Christmas’ “Hot” New Gift: Exploding Hoverboards

Contribution and Liability, Newsletter, Product Liability, Property, SubrogationDecember 18, 2015

With holiday shopping in full swing and Christmas a week away, there are growing concerns over the safety of one of the season’s hottest items – hoverboards. The year’s “must have” gift harkens back to the popular ‘80s movie Back To…

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Making Subrogation While The Hay Shines

Newsletter, Property, SubrogationDecember 17, 2015

Every year in North America insurers pay out tens of millions of claim dollars resulting from fires and feed damage caused by the spontaneous combustion and heating of hay mow – a pile of hay stored in or near a…

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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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