December 2016 Subrogation Newsletter
One of the classic holiday movies is National Lampoon’s Christmas Vacation, a story about an ordinary family, the Griswolds, who have big Christmas plans that predictably take a turn for the very (funny) worse. One of the more memorable scenes from the movie involves the home decoration skills of the family patriarch, Clark Griswold. Aunt Bethany says, “Is your house on fire, Clark?” and Clark Griswold replies, “No, Aunt Bethany, those are the Christmas lights.” Unfortunately, sometimes the Christmas lights do start the house on fire. Not to be a Grinch, but this article discusses some of the property claims that can occur around the holidays.
Unfortunately, all too often life mimics art. Your insured’s vehicle is safely and legally parked on a city street when it is struck and seriously damaged by a driver operating a stolen vehicle involved in a high-speed chase. The vehicle was stolen when the owner left the keys in the car at a gas station while he went inside to pay. The thief is caught and is serving time in jail, but is otherwise judgment-proof and without assets. Do you have subrogation potential against the owner of the stolen vehicle? Knowing the law in this area can make the difference between a full subrogation recovery and no recovery at all.
What we once commonly knew to be true is, well, still true. The Commonwealth Court of Pennsylvania (state appellate court which hears appeals from the Workers’ Compensation Appeals Board (W.C.A.B.)) has just issued a decision as to whether an employer’s future credit rights under § 319 of the Pennsylvania Workers’ Compensation Act extend beyond indemnity payments and also reach the payment of medical bills. Although the court admits that this issue has already been decided, it notes that new arguments are being raised by plaintiffs’ attorneys in reliance on recent Supreme Court decisions.
Matthiesen, Wickert & Lehrer, S.C. would like to thank all our clients and local counsel for a wonderful year and we wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you, we hope your Christmas is full of holiday cheer shared with family and friends. For us at Matthiesen, Wickert & Lehrer, S.C., Christmas is just the beginning – a simple, yet wonderful reminder of Christ’s humble beginning as a human child in this world. It’s only a beginning because His birth merely set the stage for the power, glory, and salvation that would be revealed in His life, death, and resurrection come Easter morning. An important part of the holiday season is remembering those who make the holidays meaningful to us. Matthiesen, Wickert & Lehrer, S.C. would like to wish you and your family all the happiness and prosperity this Season can bring and may it follow you throughout the coming year!
We would like to introduce and welcome you to join our new LinkedIn group! It is called Subrogation Support Network. It is a community managed by Matthiesen, Wickert & Lehrer, S.C., that offers insurance professionals a place to interact, discuss subrogation insurance-related topics and issues, ask subrogation questions, and keep abreast of new developments and/or changes in the subrogation law for all 50 states. If you would like to join this LinkedIn Group, click on this article to get the link.