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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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  2. Category "Subrogation"

Subrogating Condominium Damage

Construction Defect, Newsletter, Property, SubrogationMay 21, 2015

Imagine opening the door to your condominium (“condo”) only to be confronted by several inches of standing water. The first call is to your insurance company, which must then consider not only mitigating, adjusting, and paying the claim, but subrogating…

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Governor Bullock Sides With Trial Lawyers Over Small Businesses

ERISA and Health Insurance, Newsletter, Property, Subrogation, Workers' CompensationMay 20, 2015

Montana businesses are learning the hard way the cost of electing a Democrat governor. The Montana legislature represents a solid, common sense, Republican majority which understands the vital role that a business-friendly environment plays in stimulating the real job creators…

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Pennsylvania Supreme Court Weighs In On Carrier’s Right To File Third-Party Action

Newsletter, Subrogation, Workers' CompensationMay 15, 2015

The ongoing saga in Pennsylvania – colloquially referred to as the “reluctant plaintiff problem” – has perhaps come to an end. Section 671 of Pennsylvania’s Workers’ Compensation Subrogation Statute couldn’t be clearer. It unambiguously states, “…the employer shall be subrogated…

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Washington Supreme Court To Rule On Deceptive Subrogation Practices Class Action

Auto, Med Pay, PIP, Federal Debt Collection, Newsletter, SubrogationApril 21, 2015

The well-orchestrated attack on subrogation continues. Trial lawyer listservs, legal conferences, and organizational efforts to combat subrogation on all fronts have resulted in a rash of class action suits aimed at subrogated carriers based on alleged violations of the Made…

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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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