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

October 2014 Subrogation Newsletter

You are here:
  1. Home
  2. Newsletter
  3. October 2014 Subrogation Newsletter

October 2014 Subrogation Newsletter


Use Of Red-Light Cameras In Accident Litigation

By Gary L. Wickert

Intersection accidents represent a disproportionate share of vehicle crashes and, therefore, a disproportionate share of litigated cases. Credible witnesses are the key to winning cases, but credible witnesses are rare, can be cross-examined, and are often reluctant to cooperate. The growing ubiquitous presence of red-light cameras and traffic surveillance are beginning to serve as rock-solid witnesses in these often tragic incidents – witnesses who won’t recant, move to Mexico or crater on the witness stand. Even the most agnostic juries tend to believe their own eyes. With the help of research by Melissa Fischer, a Marquette law student and MWL law clerk, this article will take a closer look at how you can take advantage of this under-utilized and undisputable evidence.

Read More...

Funeral Processions And The Right-Of-Way

By Gary L. Wickert

Confusion and inconsistency abounds regarding when and whether a motorist in a funeral procession can run a red light. There is much more at stake than missing a funeral. As you can imagine, the likelihood of a serious accident involving personal injury or property damage increases exponentially if you have a long string of cars streaming through a red light in heavy traffic. Millions of claims and subrogation dollars hang in the balance. An understanding of how funeral processions affect the legal rights and remedies of motorists and their insurers is clearly a prerequisite to the effective handling and/or subrogation of the thousands of insurance claims that flow from accidents involving funeral processions.

Read More...

Texas Supreme Court Narrows Economic Loss Doctrine

By Gary L. Wickert

A new Texas Supreme Court decision in Chapman Custom Homes, Inc. v. Dallas Plumbing Co., 2014 WL 4116839 (Tex. 2014) narrows the stranglehold of the Economic Loss Doctrine (ELD) and states that the ELD precludes recovery in tort for economic losses resulting from a party’s failure to perform under a contract when the harm consists only of the economic loss of a contractual expectancy. It no longer bars all tort claims arising out of the performance of a contract.

Read More...

Texas Court Backs Private Right Of Action For Medicare Advantage Organizations

By Ryan L. Woody

In Humana v. Farmers Texas County Mutual, et al., 13-cv-006111 (W.D. Tex. Sept. 24, 2014), the plaintiff, a Medicare Advantage Organization (MAO), sought reimbursement from a no-fault auto insurer. The magistrate judge previously granted the defendant’s motion to dismiss holding that MAOs did not possess a private right of action under the Medicare Secondary Payer Act. Humana objected to the Order on Report and Recommendations and, on September 24th, the district court, Judge Lee Yeakel, overturned the recommendations and joined with the Third Circuit’s Avandia decision.

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