Category Archives: Property

Property Subrogation Posts

Pennsylvania Finally Picks A Side On Landlord/Tenant Implied Co-Insured Issue

Joella v. Cole, 2019 WL 5287987 (Pa. Super. 2019). 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 … Learn More

THE GENERAL CONTRACTOR PROBLEM: Paying Overhead and Profit in First-Party Claims

Standard homeowner policies pay personal property claims at actual cash value (ACV), which is the replacement cost (RC) of the damaged property based on its current used condition. In other words, it is valued at what it would cost to … Learn More

New Jersey’s Dangerous “Entire Controversy Doctrine”

Subrogation Rights Can Be Lost Before They Are Pursued.  New Jersey common law employs an equitable doctrine known as the “Entire Controversy Doctrine” (ECD), which can be a trap for the unwary and used as a secret weapon to destroy … Learn More

Amazon.com And The Liability Shield

Amazon.com is the world’s largest online retail marketplace. In the subrogation world, it’s common knowledge that, in states that allow strict liability claims against entities in the supply chain, Amazon attempts to preclude any liability by arguing that it is … Learn More

Sidewalk Defects and Municipal Liability: In Most States, Size Matters

Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases, the injury is a direct result of a municipality failing to institute and/or conscientiously follow … Learn More

Citing MWL Chart, New Jersey Judge Prohibits Lawyer From Asking Client At Trial If Vehicle Is Totaled

Judge Refers to MWL Chart in Decision A New Jersey Superior Court judge recently issued a written ruling, holding that, as a matter of first impression, it was inappropriate for a lawyer to question his client during trial as to … Learn More

Texas Anti-Indemnity Laws

Texas is at the forefront of enacting laws which limit or bar indemnification clauses of contracts in industries in which the Texas legislature perceive one contracting party has an unfair advantage over the other. Texas currently has anti-indemnity statutes for … Learn More

Matthiesen, Wickert & Lehrer, S.C. Featured In New York Times Article On Exculpatory Agreements

Subrogation potential often crashes and burns in the face of exculpatory agreements and liability waivers. As a result, understanding and invalidating such waivers has become an indispensable aspect of the subrogation industry. On April 12, 2019, Lee Wickert with MWL’s … Learn More

“Matching Regulations” Affecting Homeowners’ Insurance Claims

It remains one of the most difficult issues to deal within the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and … Learn More

Indiana Landlord-Tenant Property Subrogation Claims Become More Predictable

On December 28, 2018, the Indiana Court of Appeals issued a decision which continues to leave property subrogation involving landlords and tenant very much up in the air and subject to a case-by-case evaluation. In the case of Youell v. … Learn More