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This publication is part of the Arbitration Law Database

Fundamentals of Insurance Coverage in All 50 States - Sixth Edition

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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


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