Automobile Insurance Subrogation in All 50 States - Second Edition - PDF eBook
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Automobile Insurance Subrogation: In All 50 States is the most thorough, comprehensive, and ambitious anthology of subrogation-related legal information and insurance resources ever put to paper. It is the last and most anticipated of the subrogation trilogy, and a book which will serve as the “bible” for any insurance company writing personal lines or commercial auto policies. It is destined to become the standard work and reference for attorneys, insurance companies, and subrogation industry professionals.
Every year there are more than 7 million auto accidents in the United States with a financial toll of more than $300 billion. Nearly 3 million people are injured and 42,636 people are killed. In the overwhelming majority of these accidents there is at least one party at fault. For virtually every one of these accidents, a policy of automobile insurance provides some sort of claim payments or benefits. In the vast majority of those claims, one or more insurance policies and/or applicable state law grants the insurer a right of subrogation against a negligent third party whose carelessness caused the accident. This book is the bible on subrogating those claims.
This book covers the nuts and bolts of auto subrogation in all 50 states, covering every topic imaginable -- including PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation and more. It surveys the laws of every state and provides descriptions of every type of auto coverage imaginable, as well as the statutory, case law, and regulatory authority governing every aspect of auto subrogation. If you have subrogation responsibility involving auto claims, you need this book. It universally covers issues which are indelibly interwoven into the business of auto insurance, including a complete treatment of the laws of all 50 states and the District of Columbia relating to:
• Basic and Statutory Subrogation Rights
• Mandatory vs. Optional Insurance Coverage
• No-Fault Laws, PIP, Mini-Torts, and Loss Transfer Laws
• Tort Limitations
• Medical Payments Coverage and Subrogation
• Uninsured/Underinsured Motorist Coverage and Subrogation
• Collision/Property Subrogation
• Release of Tortfeasor by Insured
• Accord and Satisfaction: Accepting Partial Payments from Tortfeasor
• Made Whole Doctrine
• Common Fund Doctrine
• Economic Loss Doctrine
• Deductible Recovery and Reimbursement
• Collateral Source Rule
• Contributory Negligence/Comparative Fault
• Seat Belt Laws and Defenses
• Rental Cars, Loaner Vehicles, and Test Drivers
• Bailment/Parking Lot Liability
• Negligent Entrustment
• Facing Multiple Claims In Excess of Liability Policy Limits
• Conflict of Laws/Interstate Subrogation
• Recovery of Attorney’s Fees and Costs
• Statutes of Limitations
It is a complete treatment -- A to Z -- of virtually every issue which the insurance claims or subrogation professional will face in the area of automobile insurance. It is like no legal treatise ever written and promises to be the most used reference in any insurance company.
Gary L. Wickert is an insurance trial lawyer and is regarded as one
of the world's leading experts on insurance subrogation. He is the
author of several subrogation books and legal treatises and is a
national and international speaker and lecturer on subrogation and
motivational topics. Mr. Wickert is also a politician in Wisconsin,
serving his fifth term as Town Supervisor in the Township of
Cedarburg. After 15 years as the youngest managing partner in the
history of the 30-lawyer Houston law firm of Hughes, Watters &
Askanase, L.L.P., he returned to his native Wisconsin in 1998 and
co-founded the firm of Matthiesen, Wickert & Lehrer, S.C. He
oversees a National Recovery Program which includes a network of
nearly 300 contracted subrogation law firms in all 50 states, Mexico,
Canada and the United Kingdom and boasts recoveries of more than
$500 million in recoveries and credits for more than 250 insurance
companies. Gary Wickert is also a commercial fiction author and his
latest political thriller, Dark Redemption (Tudor Publishing), is
available on www.Amazon.com.
Licensed in both Texas and Wisconsin, Mr. Wickert is double
board-certified in personal injury law and civil trial law by the Texas
Board of Legal Specialization. He is nationally certified as a Civil
Trial Advocate by the National Board of Trial Advocacy (NBTA), for
whom he has written and graded product liability questions contained
on the NBTA national certification exam taken by trial lawyers
around the country. For over 25 years, he has served as an expert
witness on subrogation and insurance related issues and has been
consulted by insurance carriers, lawyers, and legislative bodies from
several states. He is a licensed arbitrator and has attended more than
750 mediations in more than 30 different states. He is one of only a
few lawyers to have ever represented a client before the United
States Supreme Court on a subrogation issue.
In 2002, Gary Wickert authored and published a treatise entitled
Workers' Compensation Subrogation In All 50 States (Juris
Publishing, Inc., New York), which is now in its Fifth Edition. You
can preview the treatise's contents and chapter summaries at
www.jurispub.com. It serves as the bible on workers' compensation
subrogation throughout the country and is the most thorough and
complete treatise on workers' compensation subrogation ever
In 2005, Gary Wickert authored and published his second treatise
entitled ERISA and Health Insurance Subrogation In All 50 States,
(Juris Publishing, Inc., New York), which is now in its Fifth Edition.
You can preview its contents and chapter summaries at
www.jurispub.com. This treatise focuses on health insurance
subrogation in all 50 states and is in as much demand as the first
In 2006, after years of receiving subrogation questions involving
livestock/vehicle collisions in all 50 states, Gary Wickert authored
and published his third treatise entitled Where's The Beef?
Subrogating Livestock/Vehicle Collisions In All 50 States, which is
now in its Second Edition. This treatise focuses on the laws
regarding liability of livestock owners in all 50 states and to date is
the most thorough treatment of this area of subrogation law ever
assembled. This treatise is available directly through Gary Wickert's
firm or his firm's website at www.mwl-law.com.
In 2008, Gary Wickert, with the help of his partners, Bradley W.
Matthiesen and Douglas W. Lehrer, authored and published his
fourth treatise entitled Fundamentals of Insurance Coverage In All
50 States, (Juris Publishing, Inc., New York), which is now in its
Fourth Edition. You can preview this treatise's contents and chapter
summaries at www.jurispub.com. This one-of-a-kind treatise covers
common issues and common rules to coverage triggers, equitable
relief, economic loss, property damage and a variety of policy
For information about Matthiesen, Wickert & Lehrer's National
Recovery Program, fees, list of clients, numerous subrogation links,
reported subrogation decisions, and published articles on the issue of
subrogation, visit his firm's website at www.mwl-law.com. Gary
Wickert can be reached at firstname.lastname@example.org.
"Med Pay and PIP subrogation, No-Fault laws, uninsured motorist consent and substitution, seat belt defense, negligent entrustment, deductible reimbursement regulations, bailment issues, collateral source and made whole rules, and statutes of limitations. This book has everything a subrogation professional will need and is never out of arm's reach."
-Bradley K. Johnston, RISK MANAGEMENT SERVICES COMPANY, Director of Subrogation, Louisville, Kentucky
"The book is amazing. It universally covers even the most obtuse subrogation issues interwoven into or even remotely connected with the business of auto insurance subrogation. If you insure motor vehicles and want to increase your subrogation recoveries, get this book!"
-Karen Birks-Pace, ERIE INSURANCE GROUP, Subrogation Specialist, Waukesha, Wisconsin
"Automobile Insurance Subrogation In All 50 States is the most ambitious subrogation treatise I've ever seen. Matthiesen, Wickert & Lehrer has done it again!"
-Gary Uhl, SEDGWICK CMS, Operations Manager/Assistant Vice President, Des Moines, Iowa
"This book is the 'bible' on auto subrogation. Any insurance company with an auto line - personal or commercial - needs this book."
-Jacqueline Guffin, MOTORS INSURANCE COMPANY, Subrogation Manager, Atlanta, Georgia
"An indispensible guide to some of the most complicated legal issues plaguing Subrogation today."
-Megan Aloisi, FLEET RESPONSE, Auto Subrogation Supervisor, Cleveland, Ohio
"Automobile Insurance Subrogation In All 50 States is like every subrogation or insurance-related resource I've ever wanted, tediously compiled, organized, and explained, in one convenient place."
-Jon Coscia, Latitude Subrogation Services, Chief Operating Officer, Bloomfield Hills, Michigan