Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950. The Office of Workers’ Compensation Programs administers this Act, just as it does the Federal Employment Compensation Act (FECA). 5 U.S.C.S. §§ 8101-8193. The Defense Base Act (DBA) is an…
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Subrogation professionals must be aware that Florida’s collateral source statute contains a trap for the unwary. Under F.S.A. § 768.76 (6), if a provider of collateral source benefits (e.g., Med Pay or health insurance benefits) does not respond to the insured’s request for a statement asserting the subrogated lien amount within thirty (30) days, the…
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Let’s just say it. Florida PIP subrogation is a pain in the butt. The state was almost out of the weeds in 2007 when its no-fault laws automatically sunsetted; but the legislature passed a new no-fault law which took effect in 2008. PIP coverage is required for all “motor vehicles” registered and licensed in Florida…
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Florida property subrogation is big business. It has the third-most automobiles on the road, behind California and Texas. It has the most condominium units of any state—by a country mile. According to the Insurance Information Institute, it is second only to California with $37 billion in property and casualty losses each year. It is also…
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In 2014, Florida surpassed New York becoming the third-most-populous state in the nation, and as of last year has an annual $1 trillion Gross Domestic Product (GDP) making it the 17th largest economy in the world. What happens in the Sunshine State is emulated elsewhere, and auto insurance is no exception. For that reason, all…
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Jacksonville, Florida Office Opens October 12, 2020. MWL is proud to announce the opening of its new Jacksonville, Florida subrogation law office. For years, MWL has represented workers’ comp carriers, auto carriers, self-insured companies, third-party adjusting companies, and subrogation vendors throughout the Sunshine State. MWL has enjoyed a subrogation partnership with the City of Jacksonville…
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Spoliation has become a growing problem in the world of insurance subrogation. Far too often, claims representatives or subrogation professionals fail to secure defective products or other evidence important to a future subrogation claim. In far too many cases, the problem isn’t one of apathy or irresponsibility. It isn’t a matter of claims personnel not…
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A storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage of a much more insidious nature. Following a storm or other natural disaster, canvassers hired by the “hail cartel”—lawyers or opportunistic general contractors—can be found blanketing a neighborhood and knocking on doors. “I’m here to…
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When it comes to the apparent evils of workers’ compensation subrogation, the state of Arkansas truly believes that all an injured employee ever wants is a fair advantage. In Liberty Mutual Ins. Co. v. Youngblood, 2020 WL 5542443 (Ark. App. 2020), it was argued that § 11-9-715 does not allow attorneys’ fees to be awarded…
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The vagaries and complexity of nationwide subrogation have, for many lawyers and insurance professionals, made keeping current with changing subrogation law in all fifty states an arduous and laborious task. It is the goal of Matthiesen, Wickert & Lehrer, S.C. (MWL), through our newsletters, website blog, subrogation webinars, and social media pages, to assist in…
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