Skip to content
(800) 637-9176
  • Careers
  • Fees
  • 中文
Top Navigation
Search:
Matthiesen, Wickert & Lehrer S.C.
Matthiesen, Wickert & Lehrer S.C.
  • About
  • Attorneys
  • Practice Areas
    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
    • Mediation Services
  • 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
    • 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
  • Attorneys
  • Practice Areas
    • Nationwide Insurance Subrogation
    • Defense Litigation
    • Insurance Coverage
    • Mediation Services
  • 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
    • Reference Charts
    • Resource Links
    • Benefits Of Subrogation
  • Webinars
  • Blog
  • Contact
    • Refer A File
      • Printable Referral Forms
    • Ask A Subrogation Question
    • Subscribe to Newsletter
    • FAQs

May 2015 Subrogation Newsletter

You are here:
  1. Home
  2. Newsletter
  3. May 2015 Subrogation Newsletter

May 2015 Subrogation Newsletter


Subrogating Condominium Damage

By Gary L. Wickert

Imagine opening the door to your condo only to be confronted by several inches of standing water. The first call is to your insurance company, which must then consider not only mitigating, adjusting, and paying the claim, but subrogating against those responsible for the loss. Determining who is liable for such damage can be tricky. Condo associations carry insurance for common areas while condo owners carry coverage for their unit’s interiors, including walls, flooring, and contents. An even bigger obstacle may be overcoming state law and certain declarations intended to bar a unit owner (or their insurer) from suing/subrogating against another unit owner. Knowing the law in this area from state to state becomes critical in evaluating subrogation potential.

Read More...

Pennsylvania Supreme Court Weighs In On Carrier’s Right To File Third-Party Action

By Gary L. Wickert

The ongoing saga in Pennsylvania – colloquially referred to as the “reluctant plaintiff problem” – has perhaps come to an end. Section 671 of Pennsylvania’s Workers’ Comp Subrogation Statute couldn’t be clearer. However, that hasn’t stopped opponents of subrogation from arguing that the carrier does not have a right to initiate a third-party action because the subrogation right contained in § 671 does not rise to the level of an “assignment” and the carrier cannot file a subrogation action on its own. On April 17, 2015, the Pennsylvania Supreme Court in Liberty Mutual Ins. Co. v. Domtar Paper Co., 2015 WL 1888572 (Pa. 2015) may have finally put the argument to rest.

Read More...

Governor Bullock Sides With Trial Lawyers Over Small Businesses

By Gary L. Wickert

Montana businesses are learning the hard way the cost of electing a Democrat governor. The Montana Legislature represents a Republican majority that understands the vital role that a business-friendly environment plays in stimulating the real job creators – small businesses. On April 20, 2015, the Legislature passed Senate Bill 288, making it easier for Montana’s employers to recoup medical expenses they or their workers’ comp carrier expend on behalf of an injured employee. Known as “subrogation”, this right of reimbursement exists and works effectively in every state, but Georgia, and plays a key role in helping to hold down one of the largest expenses for small businesses – workers’ comp insurance premiums. The trial lawyers cried foul and, on April 29, 2015, Governor Bullock vetoed the business-friendly Bill.

Read More...

Join MWL For A Webinar On July 14, 2015 - Colorado Automobile Subrogation: The Nuts And Bolts

Gary Wickert will be presenting a complimentary webinar on Colorado Automobile Subrogation: The Nuts And Bolts on July 14, 2015 from 10:00-11:00 a.m. (CDT). This webinar will cover the nuts and bolts of auto subrogation in Colorado, touching on every topic imaginable, including PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation, suspension of driver’s licenses, and more. For more information on this webinar and/or to register for it, click HERE.

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

1851 East First St.
Ste. 1150
Santa Ana, CA 92705

Texas Office

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

Florida Office

1301 Riverplace Blvd.
Ste. 2140
Jacksonville, FL 32207

Massachusetts Office

99 Derby St.
Ste. 200
Hingham, MA 02043

© 2023 by Matthiesen, Wickert & Lehrer, S.C. All rights reserved.

Go to Top