Fundamentals of Insurance Coverage in All 50 States - Fifth Edition
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Fundamentals of Insurance Coverage in All 50 States is a unique compendium and overview of all aspects of insurance coverage law in every state, with a special emphasis on some of the unique aspects of insurance coverage involving environmental claims. The treatise utilizes and cites state and federal statutes, insurance regulations, and case law from every state, as a framework for a unique and unprecedented treatment of this complicated subject. The book is designed specifically for insurance claims handlers and supervisors who have responsibility for or occasion to deal with coverage issues relating to third-party defense litigation, first-party claims litigation, and reservation of rights scenarios.
In addition to being an excellent and easy to understand primer on coverage issues and the basic insurance contract, this book is suitable for both the inexperienced claims professional and the seasoned veteran. It is also the perfect "starting point" for any research or litigation briefing by trial lawyers, defense counsel, or in-house insurance counsel. It is a must for anyone with multi-state responsibilities.
Fundamentals of Insurance Coverage in All 50 States compile all of the relevant law, regulations and case decisions from all 50 states into one easy to understand and easy to use reference book, the first place a lawyer or claims handler should turn when coverage matters rear their ugly heads. The book intentionally omits references to federal law, which plays a very limited role in insurance regulation, except insofar as it may be necessary to clarify issues of state law. The book is a comprehensive treatment of all coverage issues that the average insurance lawyer, claims handler or supervisor might be expected to run across in any given situation.
This one of a kind treatise covers the following issues in all 50 jurisdictions:
• Understanding Contracts of Insurance
• Law Governing Insurance Policies
• Tackling Ambiguity and Interpretation of Policies
• General Contract Rules for Interpretation
• Rights and Obligations of Contracting Parties
• Limitations of the "Construed against Drafter" Rule
• The Extent of Risks and Coverages
• Good Faith and Fair Dealing; Bad Faith
• Basic Policy Defenses
• Cooperation of the Insured
• Failure to Pay Premiums
• Environmental Issues and Related Insurance Law
Gary L. Wickert has 33 years of litigation experience and is regarded as one of the world’s leading experts on insurance subrogation. He is also 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 published commercial fiction author and a politician in Wisconsin, recently elected to and serving his sixth term as 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 subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Subrogation Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all fifty states, Mexico, Canada and the United Kingdom and boasts more than $750 million in recoveries and credits for more than 250 insurance companies. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also dual board-certified as a Civil Trial Advocate and Civil Pretrial Practice Advocate by the National Board of Trial Advocacy (NBTA), for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For nearly 30 years, he has served as an expert witness and insurance consultant 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. In 2011, he was consulted by the National Defense University (the premier center for Joint Professional Military Education (JPME) under the direction of the Chairman, Joint Chiefs of Staff) regarding the impact subrogation has on insurance rates and premiums, particularly involving Federal Employees Health Benefit Plans (FEHBP). He is a member of Claims Litigation Management (CLM). He is one of only a few lawyers to have ever represented a client before the U.S. Supreme Court on a subrogation issue, and was named as one of Law & Politics magazine’s Super Lawyers from 2005–2012, as well as one of Wisconsin’s Super Lawyers, Super Lawyers Magazine from 2005-2013. He also writes a monthly column for the Claims Journal Magazine entitled “The Road to Recovery.”
Lee R. Wickert is a third-year law student at Marquette University. He is expected to receive his J.D. and his M.B.A. in 2017. Lee is a research clerk at the insurance litigation firm of Matthiesen, Wickert & Lehrer, S.C. He is a former credit specialist with Johnson Bank in Racine, Wisconsin and former member of the legal team for Wisconsin Governor Scott Walker in Madison, Wisconsin.
"When I have coverage issues in my practice, this is the first resource I look to. It is complete, concise, and easy to understand."
- Donald G. Moore, Esq., Deisch, Marion & Klaus, P.C.
"Fundamentals of Insurance Coverage in All 50 States is a must-have for all claims professionals who deal with insurance coverage issues, especially those with multi-state responsibilities. It's definitely a one-of-a-kind and no one in this line of business should be without it."
-John Macomber, Zurich North America
"Subrogation professionals necessarily become involved in coverage issues, and this book is the quickest and most complete reference on the subject to be found anywhere."
-Jon Coscia, CEO, Latitude Subrogation Services
"From bad faith to the extent of risks and coverages to policy defenses and environmental issues; this book has it all, and amazingly, covers the law in every state!"
-Kathy Stanke, Sentry Claims Services
"From breaking down an insurance contract to policy defenses to environmental coverage issues, this book covers the law in all 50 states in a clear and understandable way."
-William J. Evans, Attorney at Law
"This book is a necessity whenever coverage issues surface in your files. It covers this complex area of law in a comprehensible manner and is worthy of a novice or experienced professional."
-Timothy J. Irish, State Auto Insurance Companies
"Badger Mutual Insurance Company has used the services of the attorneys of Matthiesen, Wickert & Lehrer for years and their advice has been invaluable. The information contained in this book will be very helpful as our company expands in to different areas of the country."
-Kathryn P. Heyer, Badger Mutual Insurance Company