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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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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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Pennsylvania Supreme Court Clarifies State’s Products Liability Law

Newsletter, Product Liability, Property, SubrogationJanuary 27, 2015

For years, Pennsylvania products liability law has been split between state and federal courts with regard to the applicable standard for proving a strict liability design defect case. Pennsylvania State Courts followed common law precedent flowing from a 1978 case,…

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Squeezing Blood From The Uninsured Turnip: Suspension of Driver’s Licenses

Auto, Med Pay, PIP, Newsletter, SubrogationJanuary 21, 2015

Subrogating against uninsured drivers is one of the less glamorous aspects of automobile insurance subrogation. It is the pariah of our industry and could easily be featured on the Discovery Channel series, Dirty Jobs. Initiating subrogation against uninsured and judgment-proof…

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Subrogation Featured In “Claims Journal” Column

Newsletter, SubrogationJanuary 6, 2015

For those who are not aware, in 2013, Claims Journal’s online magazine asked Gary Wickert to begin a new monthly column focusing on subrogation and related claims and insurance topics. Gary’s column entitled “The Road To Recovery” can be found…

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Subrogating Court-Ordered Criminal Restitution

Newsletter, Property, SubrogationDecember 16, 2014

The recent riots in Ferguson, Missouri have resulted in property damage in excess of $5 million, and the total is climbing. However, these riots don’t even come close to the $1.2 billion in damages during the costliest civil disorder in…

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Debunking Corporate Successor Liability Defenses One Case At A Time

Contribution and Liability, Newsletter, Property, SubrogationDecember 15, 2014

Many of our readers know how frustrating it can be to secure a judgment against a tortfeasor company only to see that company close down. However, an increasingly common scenario sees that same “company” resurrect itself as a new company…

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Matthiesen, Wickert & Lehrer, S.C. Wins Out-Of-Network Litigation In Colorado

ERISA and Health Insurance, Newsletter, SubrogationDecember 5, 2014

While Matthiesen, Wickert & Lehrer, S.C. (MWL) attorneys are actively pursuing subrogation and reimbursement claims around the country for health insurers and plans alike, we are increasingly being asked to defend clients from out-of-network lawsuits by providers. These out-of-network or…

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