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PENNSYLVANIA SUPERIOR COURT WILL RECONSIDER ITS OWN DECISION ON LANDLORD/TENANT SUBROGATION: Mut. Benefit Ins. Co. v. Koser, 2023 WL 8360563 (Pa. Super. 2023), reargument granted, opinion withdrawn, 2024 WL 174472 (Pa. Super. Jan. 17, 2024)

Newsletter, Property, SubrogationBy Emma Plahmer February 22, 2024

Subrogation professionals are seeing more and more cases involving a landlord’s carrier wanting to subrogate against a negligent tenant who caused damage to the leased premises. The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant depends on which state the loss occurs…

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TIMELINESS OF PROPERTY SUBROGATION SUITS IN LOUISIANA: A Back Door Around Prescription

Newsletter, Property, SubrogationBy Emma Plahmer January 31, 2024

Louisiana, with its short one-year tort statute of limitations (in Louisiana called prescription), catches many insurance subrogation professionals unaware. Some may assume that because suit was filed by another party involved in the accident or even by their own insured, the property subrogation claim will relate back to the time of filing of the original…

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Workers’ Compensation and the Intentional Act Exception to the Exclusive Remedy Rule

Newsletter, Subrogation, Workers' CompensationBy Emma Plahmer January 30, 2024

The quid pro quo premise underlying the social compromise known as workers’ compensation is simple: an employee injured at work receives no-fault medical expenses and wage replacement indemnity benefits and, in exchange, the employer is given protection from employee lawsuits and a statutory right to be reimbursed from the tortfeasor who actually caused the work-related injury –…

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SUBROGATION VS. ASSIGNMENT IN MISSOURI: When Can You Subrogate Property Damage?

Newsletter, Property, SubrogationBy Emma Plahmer December 18, 2023

We are all aware that Missouri’s prohibition against assignment of a cause of action for personal injuries has complicated subrogation in that state. Subrogation in personal injury cases is considered to be against public policy because it amounts to an impermissible assignment of the insured’s right to a cause of action for suffering a personal…

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The Inexplicable Workers’ Compensation Waiver of Subrogation Endorsement

Newsletter, Subrogation, Workers' CompensationBy Emma Plahmer December 11, 2023

Most state workers’ compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party that caused or contributed to an employee’s injury. The purpose of a subrogation waiver is not well understood and is a subject of some confusion in the marketplace. Most frequently,…

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MWL Announces Lee Wickert As New Partner!

AnnouncementsBy Emma Plahmer December 5, 2023

Matthiesen, Wickert & Lehrer, S.C. is pleased to announce that Lee R. Wickert has become a partner with the firm. Lee is in his 6th year of practice but he is no stranger to the firm having worked for MWL since 2009, including three years as a research law clerk. Lee attended the University of Wisconsin-Milwaukee and obtained his law degree…

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