A dwindling number of us may be old enough to recall the classic Peter Sellers comedy, “The Pink Panther Strikes Again.” In one hilarious scene, Inspector Clouseau checks into a hotel. On his way to his room, he sees a…
An April 22, 2024 decision by the Colorado Supreme Court considered the confusing interplay between Colorado’s statutory Collateral Source Rule and medical malpractice actions under the Health Care Availability Act (HCAA).[1] Specifically, the Court addressed the question of whether the…
A few years ago, a contractor working near MWL’s Santa Ana, California office was spraying a structure with epoxy primer, one of the hardest paints to remove. Nearby and downwind of the construction area was an auto auction facility getting…
Oh, that it wasn’t so, but today’s world of insurance claims adjusting, subrogation, and civil litigation rewards the ability of one party to take advantage of what the other party doesn’t know. A civil trial is known as an “adversary…
The American horror film “Split”, directed by M. Night Shyamalan, is a psychological thriller which centers on a bizarre antagonist with 23 separate personalities. Without spoiling the plot, suffice it to say that it focuses on the fact that there…
The law in Pennsylvania regarding the ability of a landlord’s property insurer to subrogate against a tenant whose negligence causes damage to the landlord’s building has been very slow to develop. But they are quickly making up for lost time.…
Thin skin and subrogation do not go hand-in-hand. We are the crashers at every party and the uninvited guests that nobody wants to see show up when a personal injury suit has been filed. Trial lawyers believe we take money…
For almost five decades Texas has had a single statute of repose which imposed a ten (10) year period for claims against architects, engineers, interior designers, landscape architects, builders, and construction contractors.[1] Texas has imposed a ten-year statute of repose…
Workers’ Compensation Subrogation and Employee Leasing Companies At its core, workers’ compensation subrogation is quite simple. Employee injured while at work receives workers compensation benefits. Carrier paying benefits recovers those benefits from anyone responsible for causing the injury other than…
Claims Journal recently reported on a new Ohio State University study which examines who is at fault when cars hit pedestrians shows that vehicle/pedestrian accidents occur much more frequently in certain environments than in others. The study showed that pedestrians…