Originally from:
Automobile Insurance Subrogation: In All 50 States - Hardcover
Automobile Insurance Subrogation: In All 50 States - Electronic
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§ 4.37 OKLAHOMA
§ 4.37[1] Subrogation Rights
Oklahoma recognizes both the equitable and contractual rights of
subrogation.1 It appears that reimbursement and subrogation
provisions of some types of insurance policies will be enforced,
subject to the Made Whole Doctrine as it is applied in Oklahoma.2
However, an Oklahoma statute declares that no subrogation
provision in an auto liability policy which grants the insurer the right
of subrogation for payment of medical benefits will be valid and
enforceable.3 In interpreting this statute, the Oklahoma Supreme
Court has declared that in personal insurance contracts,4 the exact
damages of the insured are never totally capable of being ascertained,
and therefore, the general rule is that the insurer is not subrogated to
the insured's right or the beneficiary's right under a "contract of
personal injury."5 The court also said that "medical payment
provisions are considered akin to personal accident policies, since
such recovery is completely independent of liability on the part of the
insured."6 The case seemed to be dealing mainly with auto insurance
and the construction of the above statute. Therefore, one can argue
that it does not apply to health insurance Plans and that the decision
in Josephson7 will allow subrogation of such Plans. The Oklahoma
Administrative Code specifically allows for the inclusion of
subrogation provisions within a health insurance policy.8
§ 4.37[2] Automobile Insurance Coverage
Section 7-203 requires drivers and owners of automobiles to have
automobile insurance in place, which includes bodily injury liability
coverage for all vehicles registered in Oklahoma.9
Liability Coverage. Section 7-204 sets the minimum limits of
liability coverage required to be carried.10 The minimum liability
coverage in Oklahoma for policies issued prior to April 1, 2005 is
$10,000 per person and $20,000 per accident.11 For polices issued
after April 1, 2005, the minimum liability is $25,000 per person and
$50,000 per accident.12
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.
