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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§ 4.41[1] Subrogation Rights
South Carolina recognizes the application of both contractual and
equitable subrogation.1 The elements of the Doctrine of Equitable
Subrogation are (1) the party claiming subrogation has paid the debt;
(2) the party was not a volunteer, but had a direct interest in the
discharge of the debt or lien; (3) the party was secondarily liable for
the debt or for the discharge of the lien; and (4) no injustice will be
done to the other party by the allowance of the equity.2
The case of Shumpert dealt with subrogation by a health insurer,
indicating that health insurance subrogation is alive and well in
South Carolina, but also declaring that a health insurer who does not
include a provision for subrogation in its insurance policy is not
entitled to subrogation through the alternative means of equitable
subrogation.4 Contractual subrogation, however, is always available
in health insurance subrogation.5
Where the tortious conduct of a third person is the cause of a loss
covered by an automobile insurance policy, the insurer, upon
payment of the loss, becomes subrogated automatically to whatever
rights the insured may have against the wrongdoer.6 Where the
insurer has paid to the insured the entire loss, it may bring a
subrogation action either in its own name or in that of the insured
against the tortfeasor. As a general rule, the insurer may not bring
action against the tortfeasor where the insurer has paid only a portion
of the loss sustained by the insured, because the insured’s right of
action is single and indivisible, and in such case it may either join
with the insured in bringing the action, or intervene in the action by
the insured, against the tortfeasor.7
§ 4.41[2] Automobile Insurance Coverage
No automobile insurance policy may be issued or delivered in
South Carolina to the owner of a motor vehicle or may be issued or
delivered by an insurer insuring any motor vehicle then principally
garaged or principally used in South Carolina, unless it contains a
provision insuring against loss from the liability imposed by law for
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.
