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Subrogation

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  2. Category "Subrogation"

Texas Supreme Court Clarifies Law On Spoliation

Newsletter, Property, SubrogationApril 21, 2015

Tort and subrogation cases continue to be heavily mined and booby-trapped with potential spoliation danger. However, the law in this area is far from clear. In the case of Brookshire Brothers v. Aldridge, 438 S.W.3d 9 (Tex. 2014), Jerry Aldridge…

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Interview With Gary L. Wickert Featured This Month On Claimwire.Com

Newsletter, SubrogationApril 15, 2015

This month, Claimwire.com featured an in-depth and personal interview with Gary L. Wickert, partner at Matthiesen, Wickert & Lehrer, S.C. (“MWL”). Claimwire serves the insurance industry by providing forms, news, resources, and vendor information to assist insurance professionals involved in the field…

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Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike

Newsletter, Property, SubrogationApril 13, 2015

The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of catastrophic losses caused by natural disasters. When God sends a hurricane, tornado, flood, or naturally-occurring fire, the resulting losses can be enough…

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New Wisconsin Federal Court Decision Makes Made Whole Doctrine A Self-Fulfilling Prophecy

Construction Defect, Newsletter, Product Liability, Property, SubrogationMarch 30, 2015

What if the deck was stacked in such a way that insureds and tortfeasors could gerrymander and structure a tort settlement so as to ensure that the insured would never be “made whole”? Surely such ability would be a legal…

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MWL Wins Major Victory In Fight For Medicare Advantage Recovery Rights

ERISA and Health Insurance, Newsletter, SubrogationMarch 30, 2015

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) partners Ryan Woody and Jim Busenlener won a major victory for Medicare Advantage Organizations (“MAOs”). In Collins v. Wellcare Healthcare Plans, Inc., 2014 WL 7239426 (E.D. La. Dec. 16, 2014), the federal court recognized,…

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A Primer On Diminution In Value Claims

Auto, Med Pay, PIP, Newsletter, Property, SubrogationMarch 27, 2015

One of the recurring questions Matthiesen, Wickert & Lehrer, S.C. (MWL) is called on to answer involves when and under what circumstances the insured suffering automobile property damage, or his or her subrogated automobile insurer, may recover for diminution in…

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Settling Workers’ Compensation Subrogation Claims

Newsletter, Subrogation, Workers' CompensationFebruary 27, 2015

Plan For The Best, Expect The Worst, And Prepare To Be Surprised Thomas Reid once said, “There is no greater impediment to the advancement of knowledge than the ambiguity of words.” Nowhere is this truism as important than in the…

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WHEN WORLDS COLLIDE: Workers’ Comp Subrogation Of UM Benefits In Louisiana

Auto, Med Pay, PIP, Newsletter, Subrogation, Workers' CompensationFebruary 27, 2015

There is a great deal of confusion in Louisiana regarding whether a workers’ compensation carrier can subrogate against or receive reimbursement from the proceeds of an uninsured or underinsured (UM/UIM) automobile policy. The Louisiana Supreme Court has unequivocally stated that…

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WHERE’S THE PAINT? Subrogating Paint Overspray Claims

Newsletter, Property, SubrogationFebruary 27, 2015

More than 1,000 vehicles a day are damaged by paint overspray in the United States, resulting in more than one-half of a billion dollars in damage and insurance claims annually. Airborne paint overspray results from all sorts of industrial, commercial,…

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“No Pay, No Play” May Limit Force-Placed Carriers’ Ability to Subrogate In Louisiana

Auto, Med Pay, PIP, Newsletter, Property, SubrogationJanuary 29, 2015

“Force-placed insurance” is an insurance policy placed by a lender or bank on a home or vehicle when the property owners’ own insurance is cancelled, has lapsed or is deemed insufficient. This insurance insures the lender and allows the lender…

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