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Matthiesen, Wickert & Lehrer S.C.
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Property

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Wildfire

Wildfire Subrogation In California Is A Hot Topic

Newsletter, PropertyNovember 15, 2021

Wildfires are a natural part of California’s landscape, but they have become larger and more damaging recently. A recent study by the University of Washington and UC-Santa Barbara looked at the long-term future of wildfires and reveals that a buildup…

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Texas Flag and Lady Justice

Subrogating Texas Freeze Damage Claims

Newsletter, PropertyNovember 12, 2021

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it…

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Fire Loss Expert Inspection

NFPA 921 Standards Have Changed: What Every Claims Adjuster Should Know

Newsletter, PropertySeptember 27, 2021

In 1992, the National Fire Protection Association created a set of investigative guidelines that was published as “NFPA 921: Guide for Fire and Explosive Investigations.” The guide is widely used by both public and private fire investigators. It describes in…

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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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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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Duplex

Duplex: Subrogating Landlord Tenant Property Losses

Newsletter, PropertyMay 20, 2021

In the 2003 Miramax comedy Duplex, Ben Stiller and Drew Barrymore are Brooklyn landlords to a pesky, rent‑controlled tenant named Mrs. Connelly, played by Eileen Essell. Efforts to get rid of Connelly fail and the tenant’s careless actions cause a…

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Freezing In House

Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter

Newsletter, PropertyFebruary 22, 2021

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it…

Read more
Subrogating Natural Disasters

Record Cold and Snow in the South Will Lead to Many Subrogation Opportunities

Newsletter, PropertyFebruary 19, 2021

Although I am a native Texan, I grew up in Wisconsin. Therefore, I am no stranger to cold weather or the devastating effects it can have on people and property. When I moved back to Texas two years ago to…

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