Just five days into 2018, computer giant HP was forced to recall 52,000 lithium-ion batteries. HP warned that the batteries could overheat and cause serious burns after receiving eight reports of batteries overheating, melting, or charring. HP offered to replace the recalled batteries for free because it’s not possible for a consumer to remedy the…
DetailsThe MCS-90 Endorsement is an endorsement that is found in insurance policies issued to trucking companies operating interstate. This endorsement allows the trucking company to comply with certain government mandated public financial responsibility regulations. Specifically, the federal government mandates that trucking companies operating interstate comply with their financial responsibility obligations by having an insurance policy…
DetailsIowa seems like a very simple state for workers’ compensation subrogation. Subrogation rights are set forth in a single statute – I.C.A. § 85.22. It provides that either the employee or employer can file a third-party action. When the third-party case is resolved, the carrier is entitled to first-money reimbursement and a future credit, less…
DetailsEvery year approximately 76,000 pedestrians suffer injuries when they are struck by a moving vehicle. Beginning in 2016, America experienced a significant increase in the number of pedestrian fatalities, and in 2017 alone, there were nearly 6,000 pedestrian deaths in the U.S. Five states alone account for 43% of all pedestrian deaths—California, Florida, Texas, New…
DetailsHector Salitrero, managing partner of Matthiesen, Wickert & Lehrer, S.C.’s California office, will present a NASP webinar on Overcoming Obstacles to Workers’ Compensation Recovery on October 9, 2018 at 1 p.m. (EST). This webinar will help you understand, and hopefully avoid, some of the more common challenging issues in the workers’ compensation arena. Hector will share and demonstrate…
DetailsEveryone in Michigan is financially frustrated with the high price of automobile insurance. Recently, Detroit Mayor, Mike Duggan, along with eight other motorists filed a suit in U.S. District Court in an effort to expedite the elimination of Michigan’s no-fault system. The litigation comes as insurance premiums continue to rise, and after two bills were…
DetailsOne day last month our firm received three separate, unrelated subrogation claim files involving serious personal injury, property damage, and a death resulting from tractor-trailers whose drivers had swerved to avoid colliding with a deer on the highway. In two of the losses, the 18-wheelers overturned and were shortly thereafter struck by other vehicles, resulting…
DetailsWhere there’s smoke, there’s subrogation. At least it often works out that way. The adage is certainly true in the case of Gree dehumidifiers. If you have anything to do with property insurance, you have likely been exposed to multiple claims involving Gree dehumidifiers. It took 450 fires and nearly $20 million in property damage,…
DetailsThe necessity of utilizing expert witnesses in claims adjusting, recovery investigation, and subrogation litigation has risen exponentially over the last 20 years. When an expert is necessary, where experts can be located and selected, and how they can be cost-effectively utilized so as to maximize subrogation recoveries remains a complex and expensive question for most…
DetailsWork Comp Third-Party Settlement Not Subject to Aitken Reduction In Arizona, a workers’ compensation carrier’s statutory lien under § 23–1023 is subject to being reduced if an employer is found to be negligent by a jury. In Aitken v. Indus. Comm’n of Ariz., 904 P.2d 456 (Ariz. 1995), cert. denied, 517 U.S. 1208, the Arizona…
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