March 2015 Subrogation Newsletter
One of the recurring questions Matthiesen, Wickert & Lehrer, S.C. is called on to answer involves when and under what circumstances the insured suffering automobile property damage, or his or her subrogated automobile insurer, may recover for diminution in value of a damaged automobile. This article is intended to provide a global answer to many of the questions we have been asked on this subject.
Matthiesen, Wickert & Lehrer, S.C. partners Ryan Woody and Jim Busenlener won a major victory for Medicare Advantage Organizations (“MAOs”). In Collins v. Wellcare Healthcare Plans, Inc., 2014 WL 7239426 (E.D. La. Dec. 16, 2014), the Federal Court recognized, for the first time, that MAOs are entitled to bring a Private Cause of Action under the Medicare Secondary Payer Act against an enrollee who has secured a tort recovery. However, in order to understand the court’s decision, you need to understand the background of Medicare Advantage litigation.
What if the deck was stacked in such a way that insureds and tortfeasors could gerrymander and structure a tort settlement so as to ensure that the insured would never be “made whole”? Surely such ability would be a legal absurdity in a state where subrogation is supposedly favored for all of the societal benefits it serves. Sadly, that is exactly the deck Wisconsin insurers face according to a new federal court decision which draws liberally from a growing trend of anti-subrogation decisions.
Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Megan M. Lulling has joined the firm as an insurance litigation associate. Megan’s practice areas include insurance litigation, subrogation, workers’ compensation, health insurance and ERISA, and environmental law. Please join us in welcoming Megan to the firm.
Complex litigation and subrogation cases involving product liability and/or technical issues often require opinion testimony in the form of expert witnesses. All too often we see a poor choice of an expert result in a poor subrogation result. MWL has spent over 20 years compiling a database of over 25,000 experts throughout North America, broken down by geography, expertise, and cost. One of the services we offer our clients is locating potential experts when they need them. Every other month, our “Meet The Expert” column will highlight a qualified expert with whom we have had success in the past. We invite you to meet Charles C. Roberts, Jr.
April Toy will be presenting a complimentary webinar on Introduction To Cargo Subrogation on May 7, 2015 from 10:00-11:00 a.m. (CST). This webinar will introduce the subrogation professional to the basic concepts of subrogating cargo claims under the Carmack Amendment and Carriage of Goods Sea Act (COGSA). The webinar will identify major pitfalls that can befall an unsuspecting claims professional, such as notice requirements, preemption of state law claims, and liability limitations, which can affect recovery. It will also cover investigation techniques and how to preserve relevant documents and evidence to establish a prima facie case. For more information on this webinar and/or to register for it, click HERE.
Matthiesen, Wickert & Lehrer, S.C. would like to wish all of our clients and friends a very blessed Easter. While Easter means different things to different people, we celebrate the Good News which Easter represents. It is the fulfillment of the greatest Promise ever made – the celebration of the resurrection of Jesus Christ, the Son of God. To over two billion Christians around the world, this is the greatest event in history – an event which proclaims the greatest story that’s ever been told. We understand that not all of our readers recognize Easter in the same way and, some not at all, we join in rejoicing with those who also recognize that there is no better news than the Resurrection. It is a promise of hope and a guarantee of a new life. We wish God’s blessings on everyone during this Easter celebration.