Matthiesen, Wickert & Lehrer, S.C. would like to wish all of our clients and friends a very blessed Easter. While Easter means different things to different people, we celebrate the Good News which Easter represents. It is the fulfillment of the greatest Promise ever made – the celebration of the resurrection of Jesus Christ, the…
DetailsThe long-standing and dysfunctional approach to subrogating against foreign manufacturers has become the primary reason why pursuing Chinese manufacturers is difficult and expensive. Many insurers, corporations, and law firms continue to implement tired and ineffective tools in pursuit of these claims. When a catastrophic fire loss is caused by a defective laptop battery manufactured in…
DetailsOn August 26, 2010, DePuy Orthopaedics, Inc. (DePuy), a division of Johnson & Johnson, issued a voluntary recall of the DePuy ASR™ XL Acetabular System and ASR Hip Resurfacing Device – a total hip replacement system. It involves not only the replacement of the joint (ball and socket), but also the “neck” of the femur.…
DetailsMinnesota and Hawaii don’t have a lot in common. However, the Minnesota Court of Appeals – of all places – recently laid down some rather novel and earth-shattering law with regard to PIP subrogation in Hawaii. In American Family Mutual Ins. Co. v. American Automobile Ass’n d/b/a Auto Club Ins. Ass’n, 2013 WL 656493 (Minn.…
DetailsMatthiesen, Wickert & Lehrer, S.C. (MWL) proudly announces the opening of its new branch office in New Orleans. The office is located at 101 W. Robert E. Lee Blvd., Ste. 402, in New Orleans on Lake Pontchartrain with convenient access to New Orleans and other Louisiana state and federal courts. While our national subrogation program…
DetailsRobert Van Orden v. USAA, 2014 MT 45 (Mont. 2014) Montana has long been one of the toughest states to subrogate in because it has a very strict made whole policy. It is the public policy in Montana that an insured must be totally reimbursed for all losses as well as costs, including attorney fees…
DetailsMatthiesen, Wickert & Lehrer, S.C. (MWL) proudly announces the opening of its new branch office in New Orleans. The office is located at 101 W. Robert E. Lee Blvd., Ste. 402, in New Orleans on Lake Pontchartrain with convenient access to New Orleans and other Louisiana state and federal courts. The Louisiana office will be…
DetailsIn an unanimous decision of the Wisconsin Supreme Court, an asbestos exclusion included in a business owner’s policy was found to preclude coverage. See Phillips v. Parmelee, 2013 WI 105. A review of the Phillips decision reveals that the Wisconsin Supreme Court is willing to uphold insurance policy exclusions if they are written in a…
DetailsA recent Wisconsin Supreme Court decision runs counter to it’s usual pro-carrier rulings and held that an insured may stack uninsured/underinsured (UM/UIM) coverage from different polices issued from 2009 through 2011. The decision involved an issue of law that has been in constant flux for the last few years. This article will discuss the history…
DetailsMost automobile insurance policies include a provision providing that coverage will only apply if “bodily injury” or “property damage” arises out of the ownership, maintenance or use of an automobile. This requirement has long been the source of the application of unusual facts and arguments. Use of a vehicle seems fairly simplistic, but the various…
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