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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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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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Pennsylvania’s Workers’ Compensation Third-Party Dispute

Newsletter, Subrogation, Workers' CompensationOctober 21, 2013

If you think the recent Congressional civil war over cutting entitlements and spending, raising the debt ceiling (again), and funding Obamacare was a melee, welcome to the ongoing dispute in Pennsylvania over whether a workers’ compensation carrier can initiate the…

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Florida Supreme Court Limits Economic Loss Doctrine To Product Liability Cases

Newsletter, Product Liability, Property, SubrogationOctober 21, 2013

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases…

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Missouri Occupational Disease Claims Once Again Compensable

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

Subrogation of Occupational Disease Claims Eliminated “Just when I thought I was out, they pull me back in.” – Al Pacino, Godfather III. In 2005, Missouri amended its statutes and divorced the compensability of occupational disease claims from its statutory…

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New Jersey Court Of Appeals Imposes New Duty Specific To Persons Who Send Text Messages To Drivers

Auto, Med Pay, PIP, Contribution and Liability, Insurance Coverage, Insurance Defense, NewsletterSeptember 30, 2013

Kubert v. Best and Colonna, Superior Court of New Jersey Appellate Division, Docket No. A-1128-12T4 FACTS Plaintiffs were seriously injured by an 18-year-old driver who was texting while driving and crossed the centerline of the road. The plaintiffs’ clams for…

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Do Liability Waivers Really Work?

Contribution and Liability, Insurance Coverage, Insurance Defense, NewsletterSeptember 30, 2013

Gym owners, dance studios, night clubs, martial arts clubs, and other businesses often require their customers to sign liability waivers before they are allowed to engage in potentially dangerous physical activities. However, do these liability waivers really protect business owners…

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New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Contribution and Liability, Newsletter, Property, SubrogationSeptember 18, 2013

Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can…

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