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Matthiesen, Wickert & Lehrer S.C.
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      • Automobile Insurance Subrogation In All 50 States
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Subrogation

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Recording Conversations And Phone Calls

Contribution and Liability, Newsletter, Property, SubrogationFebruary 20, 2014

Whether you are investigating a subrogation claim or conducting interviews of injured claimants, being able to record a conversation and refer back to it can be indispensable to the handling of a matter either before or during litigation. Today’s technology…

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Keeping Subrogation Out Of The Dumpster

Newsletter, Property, SubrogationJanuary 21, 2014

A Christmas-day article in one of our local newspapers drives home the important lesson that a subrogation claim is often won or lost in the short period immediately following a loss. On July 6, 2013, pieces of electrical equipment in…

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Mandatory Arbitration of Illinois Auto Property Subrogation Claims Held Unconstitutional

Auto, Med Pay, PIP, Newsletter, Property, SubrogationJanuary 21, 2014

As most subrogation professionals handling auto subrogation in Illinois know, Illinois Senate Bill signed into law effective January 1, 2012 changed subrogation in that state significantly. For the first time, Illinois mandated that in collision subrogation cases involving amounts less…

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Subrogation Allowed Despite Indemnification By Insured

Contribution and Liability, Newsletter, Property, SubrogationJanuary 21, 2014

In reviewing a three-year-old property subrogation file for a client recently, we noticed repeated references in the claim notes to the lack of subrogation due to the fact that the insured had agreed to indemnify the tortfeasor for any damages…

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Subrogation Featured In “Claims Journal” Column

Newsletter, SubrogationJanuary 21, 2014

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 can be found HERE. The column was very well-received…

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New York Struggling To “Save” Anti-Subrogation Law

ERISA and Health Insurance, Newsletter, SubrogationDecember 12, 2013

Following closely on the heels of an unfavorable decision, state legislators in Albany wasted no time embarking on a rescue mission to save New York’s anti-subrogation statute from ERISA preemption. McKinney’s G.O.L. §§ 5-101 and 5-335. The statute, originally enacted…

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Health Insurance Subrogation and Michigan No-Fault

Auto, Med Pay, PIP, ERISA and Health Insurance, Newsletter, SubrogationDecember 12, 2013

One of the more common misconceptions one hears in the realm of health and accident subrogation is that, when it comes to motor vehicle accidents, “there is no subrogation in Michigan.” No one can deny that the Michigan No-Fault Act…

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Subrogation And The “Oklahoma Option”

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationNovember 22, 2013

Drastic Re-Write of Comp Law Provides New Subrogation Options In the 1970s, the Oklahoma Sooners’ football team successfully began implementing a new offensive system known as the “option offense.” Sooner Coach Barry Switzer has been credited by many for having…

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When Is A Vehicle Considered Totaled?

Auto, Med Pay, PIP, Newsletter, SubrogationNovember 22, 2013

When and whether a vehicle involved in a collision is considered to be “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories about older, functioning automobiles being “totaled” simply…

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Subrogation and the Hold-Harmless Release

ERISA and Health Insurance, Newsletter, Subrogation, Workers' CompensationNovember 21, 2013

It is said that releases and settlement agreements “use a hundred words when ten would do” and there is a good reason for that. Those drafting the release want to include as much as possible within the future protections, claims…

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