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Matthiesen, Wickert & Lehrer S.C.
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    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
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      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
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February 2018 Subrogation Newsletter

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February 2018 Subrogation Newsletter


Wisconsin Temporary Employees Who Do Not File Workers' Compensation Claim Can Sue Special Employers

By Gary L. Wickert

In Wisconsin, the Exclusive Remedy Rule, which prevents an employee from suing his employer in tort, isn’t all it’s cracked up to be. On January 6, 2018, in Rivera v. Alpine Insulation and West Bend Mutual Ins. Co., 2018 WL 334447 (Wis. App. 2018), the Wisconsin Court of Appeals held a temporary employee on loan to a special employer can either file a workers’ comp claim or file a third-party tort suit against the special employer.

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Don’t Give Frozen Pipe Subrogation The Cold Shoulder

Even seasoned subrogation professionals can overlook these key elements when investigating the recovery of a property damage claim due to a “frozen” pipe. Do not give these claims the cold shoulder, and you could receive a warm response to your subrogation inquiries.

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Texas Supreme Court Denies Appeal In Waiver Of Subrogation Case

By Gary L. Wickert

On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals in Insurance Co. of the State of Pennsylvania v. Roberts. Matthiesen, Wickert & Lehrer had filed an amicus brief on behalf of the National Association of Subrogation Professionals (NASP) in the case. This establishes the Court of Appeal’s decision as good law and will serve as a boon to Texas workers’ compensation subrogation efforts despite the presence of waiver of subrogation endorsements.

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