Originally from:
Automobile Insurance Subrogation in All 50 States - Second Edition - Hardcover
Automobile Insurance Subrogation in All 50 States - Second Edition - Digital
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§ 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 North Dakota has passed its own
version of “No Pay, No Play” legislation. It is found at § 26.1-41-20
and provides as follows:
§ 26.1-41-20. Secured person exemption for no liability insurance.
In any action against a secured person to recover damages
because of accidental bodily injury arising out of the
ownership or operation of a secured motor vehicle in this
state, the secured person may not be assessed damages for
noneconomic loss for a serious injury in favor of a party who
has at least one prior unrelated conviction under section 39-
08-20 and who was operating a motor vehicle owned by 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.
