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Kansas - Automobile Insurance Subrogation in All 50 States - Second Edition

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Preview Page About The Author(s) Originally from: Automobile Insurance Subrogation in All 50 States - Second Edition - Hardcover Automobile Insurance Subrogation in All 50 States - Second Edition - Digital Preview Page § 4.17[1] Subrogation Rights While both the equitable and contractual rights of subrogation are recognized in Kansas,1 Kansas is an anti-subrogation state. Insurance companies and health Plans are not allowed to issue or to have subrogation clauses which provide for reimbursement of medical, surgical, hospital, or funeral expenses in their Plans or policies.2 This Kansas Administrative Regulation reads as follows: An insurance company shall not issue contracts of insurance in Kansas containing a “subrogation” clause applicable to coverages providing for reimbursement of medical, surgical, or funeral expenses.3 This regulation has specifically been held to be constitutional.4 Interestingly, automobile insurers providing personal injury protection medical benefit coverage in excess of the $2,000 minimum requirement have subrogation rights for such medical benefit payments, despite the Kansas regulation.5 Despite this strong anti-subrogation statute, it should be noted that the statute will not apply to certain Plans exempt from the jurisdiction and regulation of the Kansas Insurance Department.6 A complete list of persons in associations over which the Kansas Insurance Department has no jurisdiction or regulation rights are included in § 40-202 of the Kansas Statutes. They include, among other things: (b) The employees of a particular person, firm, or corporation.7 When a minor receives a payment for medical services from an insurer, the minor is bound by the subrogation clause of the insurance contract even though the parent, rather than the child, signed the contract.8 It can be argued by a subrogating insurer in Kansas that the antisubrogation statute shouldn’t apply when a health insurance carrier merely seeking reimbursement from its own insured, as opposed to subrogation. This is because the anti-subrogation statute prohibits issuance of a Plan with a “subrogation clause,” but it doesn’t say anything about a reimbursement clause. One should argue that 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 published. 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 treatise. 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 exclusions. 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 gwickert@mwl-law.com.