December 2018 Subrogation Newsletter
On November 30th, a magnitude 7.0 earthquake struck Alaska, about 10 miles northeast of Anchorage. The damage appears to be limited mainly to property loss – thanks to Alaska’s stringent building codes and standards. While an “Act of God” would typically not allow for subrogation recovery, claims involving structural damage or require structural engineering should be investigated for subrogation potential. Alaska has a statute of repose for real property improvements that bars any claim ten years after date of completion of the work, so any subrogation claim must be made prior to that time expiring.
The Illinois Supreme Court has somewhat clarified an injured employee’s rights to pursue a third-party case by intervening into a third-party subrogation suit filed by the workers’ comp carrier, even after the personal injury Statute of Limitations runs.
A recent New Jersey Superior Court Appellate Division decision has ostensibly settled a long-standing subrogation question regarding whether a worker’s compensation carrier is entitled to subrogation and/or reimbursement from a third-party tortfeasor who is covered by New Jersey no-fault insurance, even if the employee doesn’t meet the verbal threshold allowing them to sue the tortfeasor.
We would like to thank our clients and local counsel for a wonderful year and 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. We 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!