Road to Recovery News

Drone Wars: Airspace and Legal Rights in the Age of Drones

It is only the tip of the iceberg. As technology advances, common citizens are increasingly finding themselves with the ability to obtain and fly reasonably-priced unmanned aerial vehicles (UAVs) known as drones. News broadcasts are only now beginning to reflect …

Subrogating Condominium Damage

Imagine opening the door to your condominium (“condo”) only to be confronted by several inches of standing water. The first call is to your insurance company, which must then consider not only mitigating, adjusting and paying the claim, but subrogating …

A Picture is Worth a Thousand Words: But It Could Cost You Much More

When 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 …

A Primer on Diminution in Value Claims

One of the recurring questions Matthiesen, Wickert & Lehrer, S.C. (MWL) is called on to answer involves when and under what circumstances the insured suffering automobile property damage, or his or her subrogated automobile insurer, may recover for diminution in …

Where’s the Paint? Subrogating Paint Overspray Claims

More than 1,000 vehicles a day are damaged by paint overspray in the United States, resulting in more than one-half of a billion dollars in damage and insurance claims annually. Airborne paint overspray results from all sorts of industrial, commercial, …

Squeezing Blood From the Uninsured Turnip

Suspension of Drivers’ Licenses Subrogating against uninsured drivers is one of the less glamorous aspects of automobile insurance subrogation. It is the pariah of our industry and could easily be featured on the Discovery Channel series, Dirty Jobs. Initiating subrogation …

Subrogating Court-Ordered Criminal Restitution

The recent riots in Ferguson, Miss., have resulted in property damage in excess of $5 million, and the total is climbing. However, these riots don’t even come close to the $1.2 billion in damages during the costliest civil disorder in …

Indiana Announces Subrogation-Friendly Rule

When Landlord’s Carrier Seeks Recovery Against Negligent Tenant An Indiana Court of Appeals decision issued on October 28, 2014 changes the landscape of landlord/tenant subrogation in the Hoosier State. For years, Indiana allowed an insurer to bring a subrogation claim …

7,540 Reasons to Include Your Insured’s Deductible in Your Subrogation Claim

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make …

Recovery of Allocated Loss Adjustment Expenses in Property Subrogation Cases

Subrogating For More Than Your Insured’s Property Damage Property insurers along all lines could simplify their business practices and lower their overhead considerably by simply paying any and all property damages, claims, expenses and consequential damages alleged to have been …