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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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Take Small with Big Files

Making Mountains Out Of Molehills: Nuclear Subrogation Demands in Small Claims

Newsletter, PropertyJune 10, 2022

Most subrogation claims are small. If your subrogation law firm or recovery vendor does not handle small claims, you shouldn’t use them. Using HO-3 homeowner’s policy claims as an example, the average property damage claim payment was $8,787 according to…

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Landlord/Tenant Law

Landlord/Tenant Subrogation The Subject Of New Legislation In Washington

Newsletter, PropertyJune 7, 2022

HB 2064 Takes Effect June 9, 2022.  For many years a landlord’s property insurer’s ability to subrogate for property damage against a negligent tenant was governed by a handful of case decisions. A landlord was frequently presumed to carry insurance…

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Virginia Made Whole Doctrine

Virginia Court Of Appeals Rejects Attempt To Limit Workers’ Compensation Carrier’s Reimbursement To “Like Damages”

Newsletter, Workers' CompensationMay 20, 2022

Stowers v. Georgia Pacific, LLC, 2022 WL 903486 (Va. App. 2022). Trial lawyers in Virginia have been trying for decades to convince that state’s courts to rule that a workers’ compensation carrier is not subrogated to non-economic damages awarded or…

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Cargo - Shifting or Falling Cargo

Subrogating Shifting And Falling Cargo Cases

Newsletter, Transportation and CargoMay 4, 2022

MWL sees more than its fair share of subrogation cases involving work-related injuries caused by shifting and falling cargo. If a truck’s cargo is not properly loaded or secured, the resulting workers’ compensation claims can be significant. We routinely see…

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Kansas Flag

Kansas Court Of Appeals Does About-Face Allowing Workers’ Compensation Subrogation Against UM/UIM Policies

Auto, Med Pay, PIP, NewsletterApril 25, 2022

Turner v. Pleasant Acres LLC, 2022 WL 815834 (Kan. App. 2022). On the same day as the Alabama Court of Appeals issued its ruling in O’Brien v. Mobile Public Library, attempting to curtail the rights of a workers’ compensation carrier…

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Alabama State Capital

Alabama Court Of Appeals Denies Workers’ Compensation Subrogation Against Employer’s UM/UIM Policy

Newsletter, Workers' CompensationApril 14, 2022

Ignores Supreme Court Decision Hinting Otherwise O’Brien v. Mobile Pub. Lib., 2022 WL 829245 (Ala. App. 2022). Workers’ compensation subrogation remains an intense struggle between the powers of good and evil; with insurance carriers attempting to preserve their rights to…

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No Subrogation Shortcuts

The Only Way To Increase Your Net Subrogation Recoveries

Newsletter, SubrogationApril 11, 2022

Subrogation Shortcuts Lead To Drastically Smaller Recoveries.  Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath…

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Pennsylvania Subrogation Law

Pennsylvania Reneges Once Again On Social Bargain Of Workers’ Compensation Subrogation

Newsletter, Workers' CompensationMarch 21, 2022

Loftus v. Katrina Decker: Appeal of Eastern Alliance Ins. Group, 2022 WL 711142 (Pa. Super. 2022) A March 10, 2022, Pennsylvania Superior Court appellate decision underscores why the cost of workers’ compensation insurance for small businesses is the highest in…

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Hawaii Subrogation Law

Hawaii Supreme Court Rules In Favor Of Workers’ Compensation Subrogation

Newsletter, Workers' CompensationMarch 18, 2022

Moranz v. Harbor Mall, LLC, 502 P.3d 488 (Haw. 2022) Workers’ compensation carriers doing business in Hawai’i held their collective breathe for 2021 waiting on the Supreme Court to decide whether it would incorporate the common law Made Whole Doctrine…

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Subrogating Cybersecurity Claims

What Do You Really Know About Your Subrogation Counsel’s Cybersecurity?

Newsletter, PropertyMarch 9, 2022

Ten Questions You Should Ask Your Subrogation Firms and Vendors What do you really know about the strengths and weaknesses of the cybersecurity measures taken by the subrogation counsel and recovery vendors you engage to assist with subrogation recoveries? In…

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