May 2020 Subrogation Newsletter
It’s safe to say that millions of subrogation claims have statutes of limitations or statutes of repose which were set to expire during the last few months. Many states are now lifting the suspension of the statutes of limitations, and our industry will undoubtedly see many statutes expiring before practitioners ever knew the tolling had been lifted. Subrogation professionals must pay close attention to the applicable state order or court rulings when determining the effect of the order on computing time for a statute of limitations.
On May 6, Governor Newson signed Executive Order N-62-60 stating it will be presumed the employee contracted COVID-19 on the job if they test positive for or are diagnosed with COVID-19 within 14 days after the employee performed labor at their place of employment. Employers have 30 days from the date of claim to reject and/or rebut the claim, leaving little time to review the claim. It opens up insurers to possibly having to pay workers’ comp benefits for an employee who may not have contracted COVID-19 at the workplace.
On May 20, 2019, Michigan took baby steps toward ridding itself of its dysfunctional no-fault system by eliminating core features of its no-fault law that were in place for nearly 50 years, including doing away with Michigan’s lifetime, unlimited no-fault medical expenses, and giving drivers the choice of opting out of the No-fault Act altogether. This historic change in Michigan law presents new potential subrogation opportunities in a state that has otherwise been all but abandoned by subrogation professionals.
Matthiesen, Wickert & Lehrer, S.C. (MWL) is pleased to announce that on June 1, 2020, Ashton Kirsch will be made a partner of the firm. Ashton has been with MWL since 2015, concentrating his practice on large loss casualty, commercial auto, and cargo subrogation. He has built the MWL commercial auto and cargo/transportation group into a thriving sector of our firm’s subrogation practice. MWL is very proud and privileged to have Ashton become partner in what our clients recognize as one of the premier insurance litigation law firms in the nation. If you have not yet asked Ashton how he can help on your most important claims, or just wish to congratulate him, he can be reached at [email protected].