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Matthiesen, Wickert & Lehrer S.C.
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Property

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Illinois Tenant Subrogation Cases

Illinois Supreme Court Limits Tenant “Implied Coinsured” Fiction To Subrogation Cases

Newsletter, Property, UncategorizedDecember 8, 2022

Sheckler v. Auto-Owners Ins. Co., 2022 WL 17245548 (Ill. 2022). The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant varies greatly from state to state and often…

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Flooded Car Lot

PERFECT STORM: The Science Behind Subrogating Catastrophic Flood Losses

Newsletter, PropertyOctober 19, 2022

They refer to it simply as “The Storms of 98.” Fierce rains and high tides combined to make San Francisquito Creek overflow its banks at 1 a.m., inundating houses, cars and streets. Firefighters used boats to rescue people trapped in…

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Hurricane Ian Damage

Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike

Newsletter, PropertyOctober 13, 2022

The devastation of Hurricane Ian reminds us that the opportunity for property subrogation success is often disguised as an Act of God. The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of…

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Natural Disasters

Ranking Hurricane Ian Among The Ten Worst Natural Disasters In U.S. History

Newsletter, PropertyOctober 6, 2022

We are in the early stages of sifting through the debris of Hurricane Ian and calculating the financial and human toll it took after coming ashore in Southwest Florida with 150 mph winds and 20 inches of rain. The insured…

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Hurricane Ian From Space

AOB Insurance Scams In The Wake Of Hurricane Ian

Newsletter, PropertyOctober 4, 2022

As Hurricane Ian fades into the Atlantic and insurance professionals are left to sort out the devastation in its wake, another storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage…

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Flood Subrogation

SUBROGATING FLOOD LOSSES: Flood Victims File Kentucky Class Action

Newsletter, PropertySeptember 16, 2022

Flooding is the number one natural peril in the U.S.—even more devastating than wildfires and storms. Since 2011, there have been over $100 billion in insured losses from flood events around the globe. Over the past three decades, Matthiesen, Wickert…

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Dog Bite Laws

Illinois Legislature Battles Dog Discrimination

Newsletter, PropertyAugust 5, 2022

New Law Mandates That Insurance Companies Report All Dog Bite Claims To The State. It’s a great trivia question. Which state has the most dog bite claims? The answer probably won’t surprise you—California, with 2,103 insurance claims in 2020, followed…

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Covid-19 Liability

Louisiana And New York Courts Becomes First To Confirm Liability For COVID-19 Shutdowns

Newsletter, PropertyJuly 28, 2022

New York Botanical Garden v. Allied World Assurance Co. (U.S.) Inc., 16127, 2022 WL 2124845 (N.Y. App. Div. 1st Dept. June 14, 2022). Cajun Conti, LLC v. Certain Underwriters at Lloyd’s, London, 2021-CA-0343, 2022 WL 2154863 (La. App. 4th Cir. June…

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Frozen Pipe

Frozen Pipe Claims: Subrogation, Common Failures, and Complex Causes

Newsletter, PropertyJune 29, 2022

Each year, water damage and freezing pipes cost insurers $15-$20 billion and result in claims from approximately 1 in 50 insured homes. While many cases of water damage are caused by a lack of maintenance or normal wear and tear,…

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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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