September 2019 Subrogation Newsletter

Hospital liens can affect all parties to litigation and can dramatically affect the outcome of litigation. If not properly perfected and “maintained”, hospital liens can be expensive problems for hospitals, physicians, and other health care providers. This article is an overview of hospital lien laws across the country and culminates with a link to a chart detailing the lien laws of all 50 states.

When and how non-material items like labor and general contractor overhead and profit (GCOP) should be included and/or depreciated during the first-party ACV calculation process remains a challenge in every state. This article provides an overview of available state law and precedent regarding inclusion, quantification, and potential depreciation of GCOP in ACV calculations, as well as a link to a 50-state chart on the topic.

Subrogation rights can be lost before they are pursued. New Jersey common law employs an equitable doctrine known as the Entire Controversy Doctrine, that can be a trap for the unwary and used as a secret weapon to destroy subrogation claims. Similar to other states’ prohibitions against “splitting” a cause of action, this doctrine bars a party from commencing multiple lawsuits arising out of a single event or transaction.

Catherine W. Dowie has joined Matthiesen, Wickert & Lehrer (MWL) as an insurance litigation attorney in our Wisconsin office. Catherine is licensed to practice law in Massachusetts and Vermont and her practice focuses on national insurance subrogation with an emphasis on ERISA and health insurance subrogation. Catherine has a vast amount of insurance industry experience, including her 6+ years working with Phia Group. On behalf of the partners, associates, legal assistants, and support staff here at MWL, we would like to welcome Attorney Catherine Dowie to our firm.