Moranz v. Harbor Mall, LLC, 477 P.3d 179 (Haw. App. 2020), cert. granted, SCWC-17-0000006, 2021 WL 1924134 (Haw. May 13, 2021). We are at the precipice of a potential upheaval in workers’ compensation recovery rights in the Aloha State. The Hawaii Supreme Court is about to decide whether equitable considerations and defenses to subrogation—such as…
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New Trend Poses Threat In Subrogation Trials. Effective January 1, 2022, Arizona will become the first state to eliminate the use of peremptory challenges in jury selection in both criminal and civil trials—including the trial of subrogation cases. It isn’t news to the insurance industry that many (if not most) people harbor certain resentments against insurance…
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Our NOLA office is without power and MWL’s attorneys and staff are safe and working remotely while power is restored and damage repaired. They are responding to emails and will receive voicemails. The hurricane has not slowed us down. After all, this isn’t our first rodeo. This is a picture of MWL’s Partner Jim Busenlener,…
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We have recently seen an uptick in cases where a tree has fallen on to a neighbor’s house, with calamitous results. Hurricane Ida will likely only increase such claims. As the first-party claim by the homeowner is processed, subrogation professionals are usually involved to determine if the owner of the tree was at fault and…
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Picture this. You build your dream home, or you add a new room onto your house. The first time it rains, you end up with a leaky roof, damaged walls, water on your floors, and your belongings require cleaning or replacement. If your loss occurred in Texas, and you wish to seek recovery, you will…
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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 in and the nature and language of the lease involved. There are generally three different approaches: A minority of courts hold that, absent a clear contractual…
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Join our team! MWL is a growing national subrogation and litigation firm with offices in Hartford, WI; New Orleans, LA; Santa Ana, CA; Austin, TX; and Jacksonville, FL. You can check out our current openings on Indeed here: Litigation Attorney (Hartford, WI) – https://lnkd.in/dyyc7pMV Litigation Attorney (Santa Ana, CA) – https://lnkd.in/dpdUb-xi Litigation Attorney (Austin, TX) –…
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Presented By: Society of Chartered Property and Casualty Underwriters (CPCU) MWL Speakers: Gary Wickert, Mark Solomon, Ashton Kirsch, and Elizabeth Hernandez This webinar explores the many avenues of potential recovery from catastrophic events when negligence exacerbates or increases the damages. Revealing subrogation potential and how to properly and effectively recognize, investigate, and cost-effectively pursue recovery…
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A tragic, but all-too-frequent claims handling mistake in Oregon is the inadvertent waiver of a large workers’ compensation lien when the underlying claim is settled through a Claim Disposition Agreement (CDA). On an accepted workers’ compensation claim, the employee and carrier can enter into a CDA through which, in return for an agreed amount paid…
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Court-ordered restitution to be paid by a criminal to a subrogated insurance company has become a major source of revenue for carriers in the last couple of years. Restitution is the recovery from an economic loss suffered as the result of the commission of a crime. An often-overlooked area of recovery for subrogated carriers is…
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