Matthiesen, Wickert & Lehrer, S.C. (MWL) represents the transportation litigation and subrogation needs of dozens of trucking companies, motor carriers, logistics companies, and the fleet industry in general, both domestic and international. We have extensive experience in representing the unique subrogation needs of ground transportation and full-service transportation providers and companies across the country, including their unique loss of use/lost profit claims. We excel at the recovery from insureds of losses and claim payments paid under MCS-90 endorsements found in insurance policies issued to trucking companies and fleets which operate interstate.
For nearly four decades, MWL has been representing the transportation and cargo loss subrogation needs of dozens of carriers both domestic and international. This includes insurance companies, trucking companies, shippers, freight forwarders, logistics companies, and warehousemen. Cargo claims often involve maritime law and maritime insurance insuring the transportation of cargo on both land and sea. A claim for loss or damage to cargo provides our clients with recovery opportunities which must be promptly and aggressively protected and pursued. We utilize a variety of laws to effectively subrogate your losses, including the Carriage of Good by Sea Act (COGSA), treaties such as Hague-Visby or the Hamburg Rules, the Pomerene Act and the often-misunderstood Carmack Amendment (now known as the ICC Termination Act) to the Interstate Commerce Act.
When international air shipments are at issue, we understand and apply the Montreal Convention, MP-4, the Rotterdam Rules, or the Warsaw Convention. Wading through the confusing and often conflicting transportation documents such as the bill of lading, manifest, broker agreements, freight-forwarding agreements, etc. remains a necessary evil of effective cargo subrogation. MWL strives to make the claim simple and understandable for its clients. This is especially important in overcoming traditional hurdles to successful cargo and transportation subrogation, such as Limitation of Liability clauses and released valuation defenses, where a value lower than the usual commercial value of a commodity or goods are agreed upon by carriers and shippers to obtain a released rate and reduce the carrier’s liability.
MWL Articles:
Trucking Subrogation And The MCS-90 Endorsement
TWO MEN AND A BUCK: Subrogating the Residential Home Moving Industry
SUBROGATION MAGIC: Creating Something Out Of Nothing – Subrogating MCS-90 Endorsements
FOLLOWING THE MONEY: Subrogating MSC-90 Payments Against An Uninsured Operator