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Matthiesen, Wickert & Lehrer S.C.
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      • Automobile Insurance Subrogation In All 50 States
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Property

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Recovery Of Sales Tax After Vehicle Total Loss

Auto, Med Pay, PIP, Newsletter, Property, SubrogationJuly 24, 2015

Approximately 12% to 14% of all accidents result in a total loss, a number which has been trending upward since 2002. Insurance companies faced with first-party claims on policies are responsible for paying the actual cash value or market value…

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A PICTURE IS WORTH A THOUSAND WORDS: But It Could Cost You Much More

Newsletter, Property, SubrogationJune 24, 2015

When dealing with photographs taken of other people, prudence requires that we consider the legal rights of the subject and the ethics of publishing the photo without their permission. Since the advent of digital photography, photographs have played a big…

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Subrogating Condominium Damage

Construction Defect, Newsletter, Property, SubrogationMay 21, 2015

Imagine opening the door to your condominium (“condo”) only to be confronted by several inches of standing water. The first call is to your insurance company, which must then consider not only mitigating, adjusting, and paying the claim, but subrogating…

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Governor Bullock Sides With Trial Lawyers Over Small Businesses

ERISA and Health Insurance, Newsletter, Property, Subrogation, Workers' CompensationMay 20, 2015

Montana businesses are learning the hard way the cost of electing a Democrat governor. The Montana legislature represents a solid, common sense, Republican majority which understands the vital role that a business-friendly environment plays in stimulating the real job creators…

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Texas Supreme Court Clarifies Law On Spoliation

Newsletter, Property, SubrogationApril 21, 2015

Tort and subrogation cases continue to be heavily mined and booby-trapped with potential spoliation danger. However, the law in this area is far from clear. In the case of Brookshire Brothers v. Aldridge, 438 S.W.3d 9 (Tex. 2014), Jerry Aldridge…

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Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike

Newsletter, Property, SubrogationApril 13, 2015

The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of catastrophic losses caused by natural disasters. When God sends a hurricane, tornado, flood, or naturally-occurring fire, the resulting losses can be enough…

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New Wisconsin Federal Court Decision Makes Made Whole Doctrine A Self-Fulfilling Prophecy

Construction Defect, Newsletter, Product Liability, Property, SubrogationMarch 30, 2015

What if the deck was stacked in such a way that insureds and tortfeasors could gerrymander and structure a tort settlement so as to ensure that the insured would never be “made whole”? Surely such ability would be a legal…

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A Primer On Diminution In Value Claims

Auto, Med Pay, PIP, Newsletter, Property, SubrogationMarch 27, 2015

One of the recurring questions Matthiesen, Wickert & Lehrer, S.C. (MWL) is called on to answer involves when and under what circumstances the insured suffering automobile property damage, or his or her subrogated automobile insurer, may recover for diminution in…

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WHERE’S THE PAINT? Subrogating Paint Overspray Claims

Newsletter, Property, SubrogationFebruary 27, 2015

More than 1,000 vehicles a day are damaged by paint overspray in the United States, resulting in more than one-half of a billion dollars in damage and insurance claims annually. Airborne paint overspray results from all sorts of industrial, commercial,…

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“No Pay, No Play” May Limit Force-Placed Carriers’ Ability to Subrogate In Louisiana

Auto, Med Pay, PIP, Newsletter, Property, SubrogationJanuary 29, 2015

“Force-placed insurance” is an insurance policy placed by a lender or bank on a home or vehicle when the property owners’ own insurance is cancelled, has lapsed or is deemed insufficient. This insurance insures the lender and allows the lender…

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