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Maine - 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 § 4.20[1] Subrogation Rights The State of Maine recognizes both contractual and equitable rights of subrogation.1 Despite this, Maine holds that equitable subrogation is not available where a person pays a debt in performance of his own obligation, as that person is the primary obligor.2 For example, because medical Plans are agreements in which the insurer has undertaken the primary obligation to pay medical expenses for a fee, a health insurer is not entitled to equitable subrogation.3 Therefore, unless a health insurer includes subrogation language in the Plan or policy, it may not subrogate.4 This limitation on equitable subrogation has not been applied to automobile insurance subrogation. An insurer who pays a loss for which another is responsible, either by statute or at common law, is subrogated to any claim that the insured has against the person whose tortious act caused the injury or damage.5 Rule 17 of the Maine Rules of Civil Procedure affects subrogation actions and provides as follows: Rule 17. Parties Plaintiff and Defendant; Capacity. (a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought; and when a statute so provides, an action for the use or benefit of another shall be brought in the name of the State of Maine. An insurer who has paid all or part of a loss may sue in the name of the assured to whose rights it is subrogated. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest. When in proceedings in the nature of quo warranto the title to office in a private corporation is involved, the action may be brought in the 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.