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Oregon - Automobile Insurance Subrogation: In All 50 States
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Originally from: Automobile Insurance Subrogation: In All 50 States - Hardcover Automobile Insurance Subrogation: In All 50 States - Electronic
Preview Page § 4.38 OREGON § 4.38[1] Subrogation Rights Oregon recognizes both equitable and contractual subrogation.1 In
fact, the equitable right of subrogation is not only recognized by case
law in Oregon,2 the Doctrine of Subrogation has long been an
established branch of equity jurisprudence. It does not owe its origin
to statute or custom, but it is a creature of courts of equity, having for
its basis the doing of complete and perfect justice between the parties
without regard to form. It is a Doctrine which will be applied or not
according to the dictates of equity and good conscience, and
consideration of public policy, and will be allowed in all cases where
the equities of the case demand it.3 It rests upon the maxim that no
one should be enriched by another's loss and may be invoked
wherever justice demands its application, in opposition to the
technical rules of law.4
§ 4.38[2] Automobile Insurance Coverage
Automobile insurance is mandatory in Oregon.5 Any motor vehicle
liability insurance policy must meet the requirements of
§ 806.080 in order to comply with Oregon's financial responsibility
requirements.6
Liability Insurance Coverage. Liability coverage is required in the
minimum limits 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.7 Also
requires is a minimum of $20,000 liability coverage because of
injury to or destruction of the property of others in any one accident.8
Personal Injury Protection (PIP) Coverage. Oregon is not a nofault
state, but is an add-on PIP state. Every non-commercial auto
insurance policy issued in Oregon must have no-fault PIP healthcare
and wage loss coverage.9 What this means is that if an insured is
injured in an auto, bicycle, or pedestrian accident, his auto insurance
provides a minimum of one (1) year and $10,000 in no-fault medical
coverage. In addition to medical coverage, PIP insurance provides
wage loss coverage. This coverage is mandatory for all auto
insurance, but not motorcycle insurance.
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.
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