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Wisconsin - Automobile Insurance Subrogation in All 50 States - Second Edition

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Preview Page About The Author(s) Originally from: Automobile Insurance Subrogation in All 50 States - Second Edition - Hardcover Automobile Insurance Subrogation in All 50 States - Second Edition - Digital Preview Page § 4.50[1] Subrogation Rights There are three types of subrogation in Wisconsin: (1) legal (also known as equitable);1 (2) conventional (also known as contractual);2 and (3) statutory.3 Wisconsin recognizes all three.4 However, with regard to conventional subrogation, if there is no express subrogation clause in the insurance policy or insurance contract, the policy must be analyzed to determine whether it is a policy of investment or a policy of indemnity before the application of equitable subrogation will lie.5 If the contract is found to be one of indemnity, Wisconsin allows the insurer to equitably subrogate in the absence of an express subrogation clause.6 On the other hand, if the contract is found to be one of investment, the court will not permit the insurer to equitably subrogate without an express subrogation clause.7 Under principles of equitable subrogation, even in absence of express subrogation agreement, an indemnity insurer may still be entitled to receive subrogation.8 The difference between an indemnity contract and an investment contract is that in an indemnity contract, the position of an insurer is analogous to that of a surety.9 In contrast, in an investment contract, the owner of the policy is contracting for a particular benefit due upon the occurrence of specified events.10 This right is absolute and independent of the right against any third party responsible for the injury covered by the policy.11 This investment-indemnity contract distinction has turned upon more than the measure of liability, whether measured by a fixed sum or the extent of the insured’s loss. The availability of equitable subrogation has generally depended upon the type of coverage involved. The courts have implied rights of subrogation under policies covering property damages, such as automobile insurance and property insurance.12 On the other hand, courts that have not recognized implied rights of subrogation in the area of personal insurance, such as life insurance benefits, medical expenses, health insurance and hospitalization benefits coverage and 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.