October 2015 Subrogation Newsletter
Since being recommended for admission to the Minnesota bar, I’ve been hit hard with questions from clients regarding Minnesota subrogation, including relevant statutes of limitations. One of the most frequent questions I receive has to do with the Minnesota statute of limitations for personal injury actions. For subrogation professionals outside Minnesota, its statutory statutes of limitations may not be clear. A quick, surface reading of Minnesota statutes and dozens of online resources may lead to the conclusion that the statute of limitations for all personal injury actions is only two (2) years, but that is not the case.
Statute of Limitations Could Run Before Accident Occurs. It doesn’t seem possible that a statute of limitations could expire even before a loss is suffered and damages are incurred. However, that is the case in Georgia due to some questionable case law being used by defendants to escape liability. Subrogation professionals everywhere should make a note of it.
The Delaware Department of Insurance (“DOI”) is threatening to take action against those who do not abide by state mandatory arbitration law. On September 1, 2015, the Delaware DOI released a bulletin to remind all insurers writing the coverages required under 21 Del. C. § 2118 that they are required to submit to mandatory arbitration all subrogation claims among insurers or self-insurers pursuant to 21 Del. C. § 2118(g)(3). Subrogation professionals should be certain to keep this in mind when handling auto subrogation in Delaware.
Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Ashton Kirsch has joined the firm as an insurance litigation associate. Ashton’s practice areas include insurance litigation, subrogation, workers’ compensation, health insurance and ERISA. Prior to joining MWL, Ashton was legal counsel with a major small business funding and advocacy business in Milwaukee, Wisconsin. He was also the owner and general counsel for a real estate development consulting firm. Ashton brings precisely the sort of “real world” experience that makes an excellent litigator for the insurance industry.
James T. Busenlener, the managing partner of our Louisiana branch office, will be presenting a live webinar on Louisiana Automobile Subrogation: The Nuts and Bolts on November 17, 2015 from 10:00-11:00 a.m. (CST). This webinar is free to attend and will cover topics such as PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation, suspension of driver’s licenses, and much more. For more information on this webinar and/or to register for it, click HERE.