Juris Publishing, Inc. has released the latest and most comprehensive edition of Workers’ Compensation Subrogation In All 50 States, the firm’s unique treatise on the subject. The book is carried on the shelves of every law school in the country and is considered the authoritative resource on the subject. There are very few areas in…
DetailsApproximately 12% to 14% of all accidents result in a total loss, a number which has been trending upward since 2002. Insurance companies faced with first-party claims on policies are responsible for paying the actual cash value or market value of an insured’s vehicle so the insured can replace it with a similar vehicle. In…
DetailsRepublican Ohio Governor John Kasich sure doesn’t act like a Republican. When a 2012 ruling by the U.S. Supreme Court made it relatively simple for states to reject Obamacare’s costly expansion of Medicare on the backs of state taxpayers, many governors took advantage of the opportunity. Not Governor Kasich. Despite emphasizing opposition to Obamacare in…
DetailsOklahoma has seen its share of changes in its workers’ compensation laws of recent. On May 6, 2013, Oklahoma Governor Mary Fallin signed S.B. 1062 into law, creating a new Title 85A of the Oklahoma Workers’ Compensation Act to operate in parallel with existing Title 85, and once again reform that state’s workers’ compensation laws…
DetailsThe Court in the case of Dilger v. Metropolitan Property and Casualty Insurance Company (“Metropolitan”), Appeal No. 2014AP1851, determined that a claimant, upon proper compliance with the statutory requirements, is entitled to interest pursuant to Wis. Stat. § 628.46(1). In this particular case, the plaintiff, Dilger, was a police officer for the City of Brookfield…
DetailsIn a lawsuit setting forth a common factual scenario found in many civil cases, the court had an opportunity and did decide with specificity the applicable provisions in Chapter 814 of the Wisconsin Statutes. In the case of Weber v. Auto-Owners Insurance Company (“Auto-Owners”), Appeal No. 2014AP1953, the Appellate Court dealt with a situation wherein…
DetailsIn a recent Wisconsin case, Smith v. Acuity Insurance, Appeal No. 2014AP1587, the Court was confronted with an interpretation over the “drive other car” exclusion within a policy issued by Acuity Insurance. In this case, the plaintiff, while riding a motorcycle, was involved in a motor vehicle accident with another vehicle who was covered by…
DetailsWhen dealing with photographs taken of other people, prudence requires that we consider the legal rights of the subject and the ethics of publishing the photo without their permission. Since the advent of digital photography, photographs have played a big role on the internet. Click. Upload. Post. Never has it been so easy and inexpensive…
DetailsFuture Credit Reduced By Health Insurance Payments On April 1, 2015, the South Dakota Supreme Court declared for the first time that medical expenses paid by health insurance plans, and not by an injured employee personally, can be applied to the reduce the workers’ compensation carrier’s statutory future offset as established in S.D.C.L. § 62-4-38.…
DetailsWhen and whether a vehicle involved in a collision is considered to be “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. It is one of the most frequent questions we receive. Many of our clients’ insureds experience nightmares when older, functioning automobiles are being “totaled” simply because…
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