April 2020 Subrogation Newsletter

There are many important factors to consider when analyzing an insurance policy for Coronavirus-related coverage. This article provides an introduction to the issue and outlines important items to consider when reviewing your policy for coverage. We are still in the early stages of this pandemic and litigation is in its infancy, however an understanding of these coverage concerns will allow you to strategize moving forward whether you are an insured business owner, an insurance adjuster, or a coverage attorney.

Given the financial impact of COVID-19 on the country and the world, federal and local governments have scrambled to impose new protections for consumers. While companies must be careful to evaluate and properly classify their business activities and review each state’s order language, most pursuing subrogation or reimbursement as a subrogee of their insured will not have daily operations substantially impacted by prohibitions on collection activity in the era of COVID-19.

In the face of unscrupulous Assignment of Benefits (AOB) practices, states are beginning to fight back. Insurers, insureds, lawyers, and legitimate and licensed vendors should be joining forces to thwart this subversive attack on the most basic types of claims in our industry. Effective on July 1, 2019, Florida’s Governor Ron DeSantis signed SB 122, creating § 501.172 addressing concerns regarding abusive litigation practices by contractors and their lawyers.

sen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome seasoned trial lawyer Sarah “Sally” Fry Bruch to the firm. Sally brings with her nearly three decades of insurance and general litigation experience to MWL’s Hartford, Wisconsin office. Sally’s practice focuses on complex defense litigation as well as property and casualty, workers’ compensation, and auto subrogation cases throughout Wisconsin and across the country. Sally believes strongly in preparation to produce a quality written product and argument, that persuasively communicates the law and the facts, and creates a record in favor of the client’s position. On behalf of the partners, associates, legal assistants, and support staff here at MWL, we would like to welcome Sally and invite our clients and friends to introduce themselves to Sally, who can be reached at [email protected].

In this webinar, we will explore when local municipalities and counties, states, and the federal government are immune from suit, and when cause of action exist. We will discuss statutes which grant specific causes of action against government entities and review procedural hurdles and time limitations that must be navigated when bringing a tort claim against the government, and various limitations on damages. Finally, we will explore whether a government tort claim is worth it and how you can collect on a judgment. Register Today!