Subrogating and recovery of claim payments made as a result of environmental contamination and/or cleanup costs. This includes both common law and contractual subrogation as well as recovery rights under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund), which provides for the statutory right of subrogation for insurers who issue…
Medical negligence presents an often-overlooked subrogation opportunity. When an ordinary workers’ compensation or health insurance claim suddenly becomes catastrophic due to the negligent treatment of the injury by doctors, hospitals, or other health care providers, MWL steps up to assess the chances for subrogation recovery. Medical negligence cases are time-consuming and expensive, so you need…
When a product fails and causes injuries, death, or damages to other property, a straightforward subrogation claim takes on a whole new dimension. Product liability subrogation claims are some of the most complicated, challenging, and difficult recoveries to make in the field of subrogation. This is because the burden of proving a product defect can…
MWL lawyers have more experience than any other firm in the recovery of claim payments from mass tort, multi-district (MDL), or class action litigation. Its lawyers have mass tort subrogation experience dating as far back as the breast implant litigation against Dow Corning in the 1980s which resulted in a $3.2 billion settlement. From DuPuy…
Matthiesen, Wickert & Lehrer, S.C. (MWL) represents many clients on the enforcement of unpaid arbitration awards for claims submitted to both Arbitration Forums and to general arbitration. The use of arbitration as a means of resolution of property damage claims has continued to increase amongst insurers on both the prosecution and the defense of property…
Pursuing tenants whose negligence causes damage to neighborhood units or common areas in apartment complexes, commercial business buildings, or condominiums, has become a complicated area of law in which the “Sutton Rule” or “implied coinsured” defense is often confronted. The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused…
No-fault laws aim to promote prompt payment for damages sustained in an automobile collision by curtailing or altogether eliminating liability of other motorists. In the world of subrogation, a no-fault scheme transforms traditional claims investigation—where a finding of fault is often crucial—into a maze of tedious statutory analysis to determine where and to what extent…
If you have a matter involving injury or damage resulting from an unsafe condition on the property of another, MWL’s team can assist in pursuing your claim or defending you. Property owners be they homeowners or sophisticated commercial entities have certain legal obligations that vary from state to state under statutes, codes, and common law…
Every day, millions of dollars are paid on surety and fidelity bond claims. Yet, subrogation in this area remains mired in obscurity and confusion, and claims handlers rarely consider the positive effects that aggressive subrogation recognition and investigation can have on an insurer’s bottom line. Matthiesen, Wickert & Lehrer, S.C. (MWL) aggressively looks for the…
In connection with the decision as to which vehicle to buy, dealerships frequently allow potential purchasers to test drive a vehicle before making a purchase. Because test driven vehicles are frequently pushed beyond what would be called for in a leisurely drive, accidents during test drives are not unusual. Car dealerships and their insurance companies…