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Matthiesen, Wickert & Lehrer S.C.
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    • Nationwide Insurance Subrogation
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  • Resources
    • 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
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March 2013 Newsletters

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March 2013 Newsletters


David and Goliath

DAVID v. GOLIATH: I.R.S. Tax Lien v. Med Pay Subro Lien

By Gary L. Wickert

On March 14, 2013, this classic tale of the underdog prevailing Against great odds was recently replayed in a subrogation context in the case of Simmons Perrine Moyer Berman, PLC v. Coleman which was decided by a federal district court in Iowa. Goliath lost, and State Farm was entitled to recover their Med Pay subrogation interest.

Read More...

Arkansas Flag with Gavel

Arkansas Supreme Court Confirms PIP/Med Pay Subrogation Rights

By Gary L. Wickert

On February 21, 2013, the Arkansas Supreme Court decided the case of Progressive Halcyon Ins. v. Saldivar, 2013 Ark. 69 (Ark. 2013). In that case Progressive issued a motorcycle insurance policy to Brian McCallum that contained accident and healthcare coverage. The policy included a provision for subrogation of payments made for any injury caused by a third party.

Read More...

Minnesota Flag

Minnesota Ruling On UM/UIM Subrogation Proves Timing Is Everything

By Gary L. Wickert

A new Minnesota Court of Appeals decision makes clear that timing is everything when it comes to UIM subrogation. In Russell v. Haji-Ali, the Court held that when settling an UM/UIM claim, it must be understand that UM/UIM benefits received by an insured before a verdict in the lawsuit against the tortfeasor constitutes a “collateral source” and that must be applied to reduce any future judgment while benefits paid after the verdict do not.

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