Automobile Insurance Subrogation in All 50 States - Second Edition
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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 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 by both subrogation lawyer and professional alike. 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 over 40,000 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
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.
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.
"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