In 2010, researchers at the University of Michigan hypothesized that it is theoretically possible to conjure particles from a complete vacuum under the right circumstances. Performing such a feat in the world of subrogation might seem improbable, but subrogation theory has become subrogation law where MCS-90 Endorsements are concerned. Have you ever spent countless hours…
As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of imposing a tax on professional services, whether as a sales tax (including lifting an exemption in many states’ sales tax code for professional services), use tax, excise…
Until recently, Connecticut’s Workers’ Compensation Subrogation Statute, § 31-293, labored under the judicial interpretation by which an employer was allowed to file a third-party action, but its workers’ compensation carrier was not. Subrogated carriers had to hope that the employee or employer was willing to bring an action because if the employee didn’t file, and…
Ronald Reagan famously said, “The most terrifying words in the English language are: I’m from the government and I’m here to help.” Government has become almost synonymous with ineptitude. So it should be no surprise that every day people are injured, killed, or sustain property damage at the hands of careless government employees. Damages available to…
Matthiesen, Wickert & Lehrer, S.C. has consistently advised its Louisiana clients to always intervene in third-party tort suits to recover workers’ compensation benefits, as some published opinions have suggested that a workers’ compensation carrier waives its right of recovery if it does not intervene after receiving notice of suit. A recent case from the Louisiana…
On August 8, 2016, the 11th Circuit issued its opinion in Humana v. Western Heritage, 15-11436 (11th Cir., August 8, 2016). It is a major victory for Medicare Advantage Organizations (MOAs) and a major blow to liability insurers. Matthiesen, Wickert & Lehrer (MWL) attorney, Ryan Woody, filed an amicus brief for America’s Health Insurance Plans…
Insurance subrogation professionals are routinely faced with minimum limits scenarios which complicate otherwise straightforward subrogation cases. When a third-party liability carrier’s insurance limits are insufficient to pay the claims of multiple claimants, the carrier must begin to assess the hierarchy of the claimants. In order to do this, the carrier must be familiar with the…
The amount and dollar value of insurance claims relating to property loss alone dwarf all other lines of insurance. Water losses in the U.S. result in more than $9 billion in property damage annually. Fire losses result in more than $12 billion in annual damage. Hailstorms cause over $1 billion in damage. Homeowners’ and commercial…
“Move fast and break things. Unless you are breaking stuff, you are not moving fast enough,” Mark Zuckerberg famously said. Good advice, unless you’re a residential moving company. The residential home moving industry is changing rapidly and it’s essential that the subrogation professional keep up to date on the most recent developments. For decades, the…
In a recent major water and mold damage subrogation case in New York, the focus was on negligent maintenance and the failure to detect a major defect in a commercial HVAC system, which ultimately led to major water and mold damage and a large subrogation claim. The interesting aspect of this case, aside from the…