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Matthiesen, Wickert & Lehrer S.C.
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Subrogation

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Hawaii Subrogation Law

Hawaii Workers’ Compensation Subrogation At A Crossroads

Newsletter, Workers' CompensationSeptember 15, 2021

Moranz v. Harbor Mall, LLC, 477 P.3d 179 (Haw. App. 2020), cert. granted, SCWC-17-0000006, 2021 WL 1924134 (Haw. May 13, 2021). We are at the precipice of a potential upheaval in workers’ compensation recovery rights in the Aloha State. The…

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Arizona Flag

Arizona Eliminates Peremptory Challenges

Newsletter, SubrogationSeptember 9, 2021

New Trend Poses Threat In Subrogation Trials. Effective January 1, 2022, Arizona will become the first state to eliminate the use of peremptory challenges in jury selection in both criminal and civil trials—including the trial of subrogation cases. It isn’t news…

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Damage From Falling Trees

Hurricane Ida Special Report – Damage from Falling Trees

Newsletter, PropertyAugust 30, 2021

We have recently seen an uptick in cases where a tree has fallen on to a neighbor’s house, with calamitous results. Hurricane Ida will likely only increase such claims. As the first-party claim by the homeowner is processed, subrogation professionals…

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Texas State Flag

Texas Residential Construction Liability Act 101

Newsletter, PropertyAugust 20, 2021

Picture this. You build your dream home, or you add a new room onto your house. The first time it rains, you end up with a leaky roof, damaged walls, water on your floors, and your belongings require cleaning or…

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Landlord/Tenant Law

Avoiding The Sutton Rule: Michigan Decision Makes Landlord/Tenant Subrogation Easier

Newsletter, PropertyAugust 6, 2021

The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant depends on which state the loss occurs in and the nature and language of the lease involved. There…

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Subrogation Trap

Beware Of Little-Known Workers’ Compensation Lien Waiver Trap In Oregon

Newsletter, Workers' CompensationJuly 29, 2021

A tragic, but all-too-frequent claims handling mistake in Oregon is the inadvertent waiver of a large workers’ compensation lien when the underlying claim is settled through a Claim Disposition Agreement (CDA). On an accepted workers’ compensation claim, the employee and…

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Montana Seal

Montana Supreme Court Confirms Insurer Is Victim Entitled To Restitution

Newsletter, SubrogationJuly 16, 2021

Court-ordered restitution to be paid by a criminal to a subrogated insurance company has become a major source of revenue for carriers in the last couple of years. Restitution is the recovery from an economic loss suffered as the result…

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Expert Witness Seal

11th Circuit Announces Expert Doesn’t Need Experience with Specific Product to Testify

Newsletter, SubrogationJuly 8, 2021

Moore v. Intuitive Surgical, Inc., 995 F.3d 839 (11th Cir. 2021). The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day.…

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Florida Subrogation Law

Florida’s Bid To End No-Fault Dies On The Vine

Auto, Med Pay, PIP, NewsletterJune 30, 2021

There are 12 states in America which have no-fault insurance laws: Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kentucky, Massachusetts, Minnesota, North Dakota and Utah. Florida’s status as a no-fault state was about to come to a ceremonial end…

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Subrogating Surfside Condo Collapse

Subrogating Surfside Condo Collapse

Newsletter, PropertyJune 30, 2021

There are over a dozen people dead and 147 others remain unaccounted for. It is a human tragedy of unspeakable proportion and our prayers go out to all the families whose lives have been shattered by this tragic event. In…

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