Skip to content
(800) 637-9176
  • Careers
  • Fees
  • 中文
Top Navigation
Search:
Matthiesen, Wickert & Lehrer S.C.
Matthiesen, Wickert & Lehrer S.C.
  • About
  • Our Team
    • Attorneys
    • Paralegals & Claims Specialists
    • Administration
    • Support Staff
  • Practice Areas
    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
    • Mediation Services
  • Resources
    • Podcasts
    • Newsletters
    • Laws By State
    • Published Articles
    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
      • Workers’ Compensation Subrogation In All 50 States
      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
    • Reference Charts
    • Resource Links
    • Benefits Of Subrogation
  • Webinars
  • Blog
  • Contact
    • Refer A File
      • Printable Referral Forms
    • Ask A Subrogation Question
    • Subscribe to Newsletter
    • FAQs
Ask A Question
Refer A File
Reference Charts
Laws By State
Upcoming Events
  • About
  • Our Team
    • Attorneys
    • Paralegals & Claims Specialists
    • Administration
    • Support Staff
  • Practice Areas
    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
    • Mediation Services
  • Resources
    • Podcasts
    • Newsletters
    • Laws By State
    • Published Articles
    • MWL Published Books
      • Automobile Insurance Subrogation In All 50 States
      • Fundamentals of Insurance Coverage In All 50 States
      • Workers’ Compensation Subrogation In All 50 States
      • ERISA and Health Insurance Subrogation in All 50 States
      • “Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States
    • Reference Charts
    • Resource Links
    • Benefits Of Subrogation
  • Webinars
  • Blog
  • Contact
    • Refer A File
      • Printable Referral Forms
    • Ask A Subrogation Question
    • Subscribe to Newsletter
    • FAQs

January 2016 Subrogation Newsletter

You are here:
  1. Home
  2. Newsletter
  3. January 2016 Subrogation Newsletter

January 2016 Subrogation Newsletter


The Parable Of The Crippled Mare: Loss-Of-Use Now Recoverable In Texas Total-Loss Auto Cases

By Gary L. Wickert

On January 8, 2016, the Texas Supreme Court in J & D Towing, LLC v. American Alternative Insurance Corporation, 2016 WL 91201 (Tex. 2016), changed nearly a century of law and ruled for the first time that the owners of automobiles and other damaged personal property which are a total loss may recover loss-of-use damages. Until this decision, a person whose vehicle was totally destroyed could only recover the market value of the lost vehicle, while a person whose vehicle was repaired could also recover the loss-of-use of the vehicle.

Read More...

License To Steal: Supreme Court Helps Plan Beneficiaries Avoid Repaying Subrogated Health Plans

Trial lawyers are happy. On January 20, 2016, the U.S. Supreme Court issued their written opinion in the long-anticipated ERISA subrogation case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 2016 WL 228344 (Jan. 20, 2016). The U.S. Supreme Court was asked to decide whether a Plan beneficiary is obligated to reimburse his or her health insurance Plan for medical expenses it paid, when the beneficiary settles a third-party tort case, but spends all the money. And, decide it they did. If you handle health insurance subrogation, you need to read this article.

Read More...

Georgia Supreme Court Issues Major Comp Subrogation Apportionment Decision

Just when you thought workers’ compensation subrogation in this country’s most difficult state couldn’t get any more difficult, it does. In Zaldivar v. Prickett, 774 S.E.2d 688 (Ga. 2015), the Georgia Supreme Court held that a non-party can have “fault” that a jury should consider, notwithstanding that the non-party has a valid defense or immunity as against its own liability to the plaintiff. This includes an employer otherwise protected from liability by the exclusive remedy protection provided by Georgia’s Workers’ Compensation Act. Everybody except the workers’ compensation carrier won something in this decision. Defense counsel and plaintiffs’ counsel received needed clarity on the non-party apportionment statute. At the same time, the decision provides litigants some clarity on negligent entrustment claims. Subrogated employers and workers’ compensation carriers may be the only pure losers.

Read More...
  • About Us
  • Attorneys
  • Practice Areas
  • Resources
  • Webinars
  • Blog
  • Contact Us

Wisconsin Office

1111 E. Sumner St.
PO Box 270670
Hartford, WI 53027

Louisiana Office

101 W. Robert E. Lee Blvd.
Ste. 401
New Orleans, LA 70124

California Office

18500 Von Karman,
Ste. 530
Irvine, CA 92612

Texas Office

11940 Jollyville Rd.
Ste. 215N
Austin, TX 78759

Florida Office

1301 Riverplace Blvd.
Ste. 1601
Jacksonville, FL 32207

© 2025 by Matthiesen, Wickert & Lehrer, S.C. All rights reserved.

Go to Top