On April 20, 2015, the Montana Legislature passed Senate Bill 288, making it easier for Montana’s employers to subrogate workers’ compensation claims. Trial lawyers cried foul, and on April 29, 2015, Democrat Governor Steve Bullock vetoed the business-friendly Bill. In an effort to explain to Montana residents that their governor does not understand the vital…
Gary Wickert will be presenting a complimentary webinar on Colorado Automobile Subrogation: The Nuts And Bolts on July 14, 2015 from 10:00-11:00 a.m. (CDT). This webinar will cover the nuts and bolts of auto subrogation in Colorado, touching on every topic imaginable, including PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation, suspension of driver’s…
Matthiesen, Wickert & Lehrer, S.C.’s (“MWL”) team of seasoned litigators continue to assist employers to defy arduous hurdles presented by third-party contribution suits. When faced with a personal injury claim from an injured employee, defendant-tortfeasors can sometimes go on the offensive. Depending on the circumstances, defendants often use third-party complaints to drag employers and their…
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 against those responsible for the loss. Determining who is liable for such damage can be…
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 – small businesses. On April 20, 2015, the Legislature passed Senate Bill 288, which made…
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 to the right of the employee.” Section 319 of the Act has appropriately been described…
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 Whole Doctrine, alleged failures to reimburse deductibles, and alleged violations of fair debt collection practices…
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 slipped and fell at a Brookshire Brothers’ grocery store on September 2, 2004. On the…
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 of workers’ compensation. Similar to MWL’s own website, Claimwire is a relatively new site that…
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 to put many insurance companies into receivership. With no third parties or obvious subrogation potential,…