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Automobile Insurance Subrogation: In All 50 States - Hardcover
Automobile Insurance Subrogation: In All 50 States - Electronic
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§ 4.35 NORTH DAKOTA
§ 4.35[1] Subrogation Rights
North Dakota recognizes both an equitable and contractual right of
subrogation.1 Although there are no cases addressing the right of a
health insurer to subrogate in North Dakota, the state does allow
enforcement of reimbursement provisions.2 An insurer may be
subrogated to the rights of its insured against one primarily
responsible, either in equity or by contract.3
§ 4.35[2] Automobile Insurance Coverage
Proof of financial responsibility is required for every motor vehicle
and is rigorously enforced.4 "Motor vehicle" is defined to include
"every vehicle that is self-propelled, every vehicle that is propelled by
electric power obtained from overhead trolley wires, but not operated
upon rails, and, for purposes of motor vehicle registration, title
registration, and operator’s licenses, motorized bicycles."5 However,
the term does not include a snowmobile as defined in § 39-24-01.
Liability Coverage. Liability insurance in the amount of $25,000
because of bodily injury to or death of one person in any one
accident, and $50,000 because of bodily injury to or death of two or
more persons in any one accident is required.6 Also required is
liability coverage in the amount of $25,000 because of injury to or
destruction of property of others in any one accident.7
As of 2010, North Dakota has 458,944 licensed drivers and 5 to
10% of them are uninsured.8
Uninsured/Underinsured Motorist (UM/UIM) Coverage. UM and
UIM coverage is required.9 It must be provided in the same limits as
for bodily injury liability. UM/UIM coverage pays for damages for
which the insured is legally entitled for bodily injury, sickness,
disease, or death arising out of the ownership, maintenance or use of
an uninsured or underinsured motor vehicle.10 The auto carrier must
provide UM coverage up to $100,000 per person and $300,000 per
accident.
UIM coverage is also required at limits equal to the limits of
uninsured coverage.11 UIM coverage must pay compensatory
Gary Wickert is an insurance trial lawyer 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., Mr. Wickert returned to his native Wisconsin in 1998 and co-founded the subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National 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 recoveries of more than $500 million in recoveries and credits for more than 200 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 certified as a Civil Trial Advocate by the National Board of Trial Advocacy, for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For 25 years, Mr. Wickert 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 and has attended more than 750 mediations in more than 30 different states. He has represented subrogated insurance carriers in every state, and has been admitted pro hac vice in 17 states. Gary Wickert has worked with the Texas Legislative Oversight Committee in rewriting their workers' compensation subrogation statutes, has served on the Board of the National Association of Subrogation Professionals, and has been cited as an authority on workers' compensation subrogation by several appellate courts, including the Texas Court of Appeals. He is one of only a few lawyers to have ever represented a subrogated carrier before the United States Supreme Court, and was named as one of Law & Politics magazine's "Super Lawyers" for 2005, 2006, and 2007.
