Fundamentals of Insurance
Coverage: In All 50 States, Sixth Edition, is a 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 an unprecedented treatment of this confusing and varied body of
law. 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/or reservation of rights scenarios.
It is perfect for the insurance
professional whose responsibilities are not only spread across various lines of
insurance, but across the whole of our continent as well. From the introduction
of common issues and common rules to a discussion of coverage triggers,
equitable relief, economic loss, property damage and a variety of policy
exclusions, the book is intended to be the legal companion of anyone whose
responsibilities take them, however frequently or infrequently, down the
uncertain path of coverage denial and coverage litigation.
It provides a thorough treatment
of insurance coverage principles, rules and regulations, as well as insurance
policy construction and interpretation rules from all 50 states.
This one-of-a-kind treatise covers the following issues in all 50 jurisdictions:
• Understanding
the Contract of Insurance
• Law
Governing the Insurance Policy
• Tackling
Ambiguity and Interpretation of Policies
• General
Contract Rules for Interpretation
• Rights
and Obligations of all Parties to the Insurance Contract
• Limitations
of the “Construed Against the Drafter” Rule In All States
• 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
Designed to be an 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 alike. Not only the perfect “starting point” for any research
or litigation briefing by trial lawyers, defense counsel, or in-house insurance
counsel, it is widely considered the go-to reference for anyone with
multi-state responsibilities.
Gary L. Wickert has 35 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. 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 50 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 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. 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
one of only a few lawyers to have ever represented a client before the U.S.
Supreme Court on a subrogation issue.
Lee R. Wickert is a litigation associate with Matthiesen, Wickert & Lehrer,
S.C. Lee joined MWL’s insurance litigation team as an associate attorney in the
Wisconsin office, but transferred to its Austin, Texas branch office when it
was opened in May 2019. He is a graduate of the University of
Wisconsin-Milwaukee, obtained his law degree at Marquette Law School, and his
M.B.A. at Marquette University. He is licensed in Texas and Wisconsin. In 2019,
he was featured in the New York Times in an article about indemnity and hold
harmless agreements nationally. He previously worked for Governor Scott Walker,
Office of Legal Counsel, where he served as legal liaison ensuring the
compliance of new legislation with Wisconsin law and the Wisconsin
Constitution. He was also an analyst with AXA Advisors in Milwaukee and a
credit operation specialist with Johnson Bank in Racine.
"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 into
different areas of the country."
— Kathryn P. Heyer, Badger
Mutual Insurance Company
