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 …
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 …
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 …
The New Hampshire Supreme Court recently held that a persistent odor could constitute a “physical loss” under a homeowner’s insurance policy as long as the smell distinctly and demonstrably changed the condition of the property. The decision represents an important …
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 …
The Ohio Supreme Court recently issued a significant decision affecting insurance coverage for employer intentional torts. In Ohio, as in other states, workplace injuries are generally covered by the workers’ compensation system. Intentional injuries, however, are considered to occur outside …
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, …
In Platek v. Town of Hamburg, 2015 NY Slip Op 01483 (Feb. 19, 2015), the New York Court of Appeals reversed a lower court decision and held that an ensuing loss provision is not intended to resurrect coverage for an …
Approximately 12 to 14 percent of all accidents result in a total loss, a number which has been trending upward since 2002. Insurance companies faced with first party claims on policies are responsible for paying the actual cash value or …
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 …