Subrogation Questions?






Submit Submit Your Subrogation Question

Submit subrogation questions on any topic and in any jurisdiction by filling out the above form. Answers are usually sent back within 24 hours.


GARY WICKERT TALKS SUBROGATION ON NATIONAL RADIO

Click here to listen

Gary Wickert Defends Subrogation On The National Radio Program, Radio Health Journal, Hosted By Reed Pence


Matthiesen, Wickert & Lehrer, S.C.

1111 East Sumner Street
P.O. Box 270670
Hartford, WI 53027-0670

Phone (800) 637-9176
(262) 673-7850
Fax (262) 673-3766
E-mail Contact Us

Gary L. Wickert 
Hartford, Wisconsin
President and Shareholder, since 1998
phone 800-637-9176
262-673-7850
fax 262-673-3766
email Email Me

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. Gary is also a published commercial fiction author and a politician in Wisconsin, recently elected to and serving his third term as 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., Gary 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, Gary 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 nearly 25 years, Gary 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 is one of only a few lawyers to have ever represented a client before the United States Supreme Court on a subrogation issue, and was named as one of Law & Politics magazine's Super Lawyers for 2005, 2006 and 2008.

Pro Hac Vice Admissions
Approved to practice in Alabama, Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Kentucky, Illinois, Iowa, Louisiana, Michigan Missouri, Nebraska, New York, and Utah.


Representative Clients


Areas of Practice:
National Subrogation
Product Liability
Workers' Compensation
Fire & Casualty
Group Health and Disability
ERISA
Inland and Ocean Marine
Longshore
Underinsured/Underinsured Motorist, Garagekeepers, Commercial
Certification/Specialties:
Personal Injury Trial Law, Texas Board of Legal Specialization


Civil Trial Law, Texas Board of Legal Specialization


Civil Trial Advocate, National Board of Trial Advocacy


Product Liability Certification Exam Writer and Grader, National Board of Trial Advocacy


Licensed Arbitrator, Houston Bar Association


Listed as one of Wisconsin's Super Lawyers, Super Lawyers Magazine, 2005


Listed as one of Wisconsin's Super Lawyers, Super Lawyers Magazine, 2006


Listed as one of Wisconsin's Super Lawyers, Super Lawyers Magazine, 2008


Bar Admissions:
Texas, 1983
Wisconsin, 1988
U.S. District Court Eastern District of Texas, 1988
U.S. District Court Southern District of Texas, 1984
U.S. District Court Eastern District of Wisconsin, 1994
U.S. Court of Appeals 5th Circuit, 1986
U.S. Supreme Court, 1991
U.S. Court of Appeals 10th Circuit, 2007
Education:
South Texas College of Law, Houston, Texas, 1983
J.D.
Honors: Dean's List
Honors: Phi Alpha Delta Law Fraternity
Law Review: South Texas Law Review, Editor
Law Journal: South Texas Law Journal, Assistant Editor


University of Wisconsin, Milwaukee, Wisconsin, 1980
Master's Studies - Criminal Law


University of Wisconsin, Milwaukee, Wisconsin, 1979
B.S.


Northwestern College, Watertown, Wisconsin, 1975
Lutheran Theological Studies - Pre-Seminary


Published Works:
Turning Off The Spigot: Future Credits In Health Insurance Subrogation, NASP Subrogator, Winter, 2009


Fundamentals of Insurance Coverage In All 50 States (Second Edition), National Treatise, Juris Publishing, Inc., New York, Updated Annually.ISBN: 978-1-57823-241-3, 2008


Sleeping With The Enemy: Federal Statute Creates Opportunity for Subrogation Stipulation in Workers' Compensation Files, NASP Subrogator, Spring/Summer, 2008


Something Old, Something New, Someone Borrowed, Someone to Sue: Workers' Compensation Subrogation and Employee Leasing Companies, NASP Subrogator, Winter, 2008


Subrogation and the Economic Loss Doctrine: A 50 State Survey, NASP Subrogator, Spring/Summer, 2007


Squeezing The Turnip: Fidelity and Surety Bond Subrogation, NASP Subrogator, Spring/Summer, 2007


Perfect Storm: The Science Behind Subrogating Catastrophic Flood Losses, NASP Subrogator, Winter, 2007


Duplex: Subrogating Landlord/Tenant Property Subrogation Losses, NASP Subrogator, Winter, 2007


Where's the Beef? Subrogating Livestock/Vehicle Collisions In All 50 States, National Treatise, Matthiesen, Wickert & Lehrer, S.C., Hartford, Wisconsin, 2006


Contracting Away Made Whole: Does the Made Whole Doctrine Apply If Your Policy/Plan Says It Doesn't?, NASP Subrogator, Fall, 2006


Workers' Compensation Subrogation: Which Payments Can Be Recovered?, NASP Subrogator, Fall, 2006


Where's The Deductible? A Survey of Laws Regarding Reimbursement of an Insured's Deductible in All 50 States, NASP Subrogator, Spring/Summer, 2006


Sweating the Small Stuff: Arbitrating Workers Compensation Subrogation Files, Arbitration Forums, Inc. (Co-Author with Robert Reynolds), NASP Subrogator, Spring/Summer, 2006


Health Insurance and ERISA Subrogation: Part Five: ERISA Preemption and the Common Fund Doctrine, Matthiesen, Wickert & Lehrer, S.C. (Co-Author with Ryan L. Woody), NASP Subrogator, Winter, 2006


Workers' Compensation Subrogation in Construction Settings: In All 50 States, NASP Subrogator, Winter, 2006


ERISA and Health Insurance Subrogation In All 50 States (Third Edition), National Treatise , Juris Publishing, Inc., New York, Updated Annually.ISBN: 978-1-57823-247-5, 2005


Where's The Luggage? Subrogating for Lost or Damaged Luggage, Matthiesen, Wickert & Lehrer, S.C. (Co-Author with Ryan L. Woody), NASP Subrogator, Winter, 2005


Where's The Paint? Subrogating Paint Overspray Claims, NASP Subrogator, Spring/Summer, 2005


The Great Mexican Subrogation Shootout, NASP Subrogator, Fall, 2004


Subrogating South of the Border: Increasing Recovery Opportunities In Mexico, Murillo, Maldonado, Arredondo y Asociados, S.C., Colonia Chapultepec Morales, C.P., Mexico D.F., Mexico (Co-Author with Rafael Murillo), NASP Subrogator, Fall, 2004


Subrogating on the Waterfront: Longshore and Harbor Worker's Compensation Subrogation, NASP Subrogator, Spring/Summer, 2004


Workers' Compensation Subrogation In All 50 States (Third Edition), National Treatise, Juris Publishing, Inc., New York, Updated Annually. ISBN: 1-57823-227-9, 2003


Subrogating Against God II, NASP Subrogator, Winter, 2003


Health Insurance and ERISA Subrogation: Part 4: ERISA Preemption and the Made Whole Doctrine, NASP Subrogator, Winter, 2003


The Negligent Employer: Obstacle or Advantage in Workers' Compensation Subrogation, NASP Subrogator, Fall, 2003


The Paper Chase: Subrogating in a Paperless World, NASP Subrogator, Spring/Summer, 2003


Right Wing News to Conservative News, Co- Author, 2003


Subrogating Against God, NASP Subrogator, Fall, 2002


Health Insurance and ERISA Subrogation: Part 3: ERISA Subrogation Rights, NASP Subrogator, Spring/Summer, 2002


Health Insurance and ERISA Subrogation: Part 2: What is an ERISA Plan?, NASP Subrogator, Winter, 2002


The Many Faces of Workers' Compensation, NASP Subrogator, Spring/Summer , 2002


Health Insurance and ERISA Subrogation: Part I: History and Scope of ERISA, NASP Subrogator, Issue III, Vol. II, Fall, 2001


The Erosion of ERISA: Subrogation Rights, NASP Subrogator, Issue II, Vol. II, Summer, 2001


Where is the Beef?, NASP Subrogator, Issue I, Vol. II, Spring, 2001


Medical Record Privacy: HIPAA and Its Effect on Subrogation, NASP Subrogator, Issue I, Vol. II, Spring, 2001


Understanding Waivers of Subrogation, NASP Subrogator, November, 2000


Subrogating Defective Firestone Tires, NASP Subrogator, November, 2000


Can Workers' Compensation Carriers Subrogate Against Uninsured Motorists Benefits?, NASP Subrogator, Spring, Premier Issue, 2000


Contractual Risk Transfer: Waivers of Subrogation, Chapter 3, Waivers of Subrogation, International Risk Management Institute's (IRMI) national treatise, Contractual Risk Transfer, 2000


Dark Redemption, Commercial Historical Fiction Novel, Tudor Publishing - Best-Selling List, ISBN: 0-936389-70-2, 1999


Northshore Lifestyle Magazine, Cedarburg, Wisconsin, 1998


City Lifestyle Magazine, (Co-Author and Columnist), Milwaukee, Wisconsin, 1998


City Lifestyle West Magazine, (Columnist), Waukesha, Wisconsin, 1998


News Graphic Newspaper, (Columnist), Cedarburg, Wisconsin, 1998


Understanding Experience Modifiers, Texas Corporate Counsel Law Review, Fall, 1996


Many Insurers Overlook Advantages of Subrogation, Hughes, Watters & Askanase, L.L.P. (Co-Author with Stan E. Nelson), Best's Review, October, 1995


Subrogation and the Self-Insured, Hughes, Watters & Askanase, L.L.P. (Co-Author with Mark T. Curry), Texas Corporate Counsel Law Review, Fall, 1995


Statutes of Repose: A New Defense for Product Liability, Hughes, Watters & Askanase, L.L.P. (Co-Author with Michael A. Gentry), Trial Lawyers Forum, Vol. 28, No. 2, 1994


Apportioning Attorneys' Fees in Workers' Compensation Third Party Actions: The Need for Legislative Reform, Texas Bar Journal, Vol. 53, No. 8, 1990


Apportioning Fees In Workers' Comp Third Party Actions, The Houston Lawyer, Volume 27 Number 5, March-April, 1990


Representative Cases:
Jacques v. Kalmar Industries, AB, 8 F.3d 272 (5th Cir. 1993)
Hix v. Guillot, 812 S.W.2d 400 (Tex. App.-Hous (14th Dist.) 1991)
General Electric Co. v. Falcon Ridge Apartments, Joint Venture, 811 S.W. 2d 942 (Tex. 1991)
Falcon Ridge Apartments Joint Venture v. General Electric Co., 795 S.W.2d 21 (Tex.App. - Houston 1st District 1999)
Twin City Fire Ins. Co. v. Jones, 834 S.W.2d 114 (Tex. App.-Hous (1st Dist.) 1992)
Matter of Fields, 926 F.2d 501 (5th Cir. 1991)
Guillot v. Hix, 838 S.W.2d 230 (Tex. 1992)
Hartford Accident & Indemnity Co. v. Buckland, 882 S.W.2d 440 (Tex. App.-Dallas 1994)
Houston Elec. Distributing Co., Inc. v. MBB Enterprises, 703 S.W.2d 206 (Tex.Civ.App. 14th District 1985)
Fortis Benefits v. Ford Motor Company, No. 05-0791 (Supreme Court of Texas (Amicus Brief for NASP) 2005)
Petta v ABC Insurance Company, 692 NW2d 639 (Wis. 2005)
Classes/Seminars Taught:
Lecturer and Exhibitor, National Association of Subrogation Professionals


Speaker, American Workers Compensation System, Salzburg, Austria, Centers for International Studies, 2003


Lecturer and Exhibitor, National Other Parties Liability Group


Lecturer and Exhibitor, Risk and Insurance Management Society, Inc.


Lecturer and Exhibitor, National Association of Mutual Insurance Companies


Lecturer, International Risk Management Institute


Legal Instructor, Houston Legal Assistant Association, 1985 - 1998


Instructor, Is God Unconstitutional? A Look at the First Amendment, First Immanuel Lutheran Church


Instructor, What Do They Believe? A Survey of Religions and Denominations, First Immanuel Lutheran Church


Instructor, Understanding Islam, First Immanuel Lutheran Church


Approved Property/Casualty Continuing Education Instructor, State of Mississippi


Professional Associations and Memberships:
American Association for Justice, 1983 - Present
Contributing Author to Forum Magazine


American Bar Association, 1983 - Present
Member


Texas Trial Lawyers Association, 1983 - Present
Member


Houston Trial Lawyers Association, 1997 - 1998
Director


Houston Bar Association, 1988 - 1992
Chair, Fee Dispute and Ethics Committee


Houston Bar Association
Licensed Arbitrator


American Arbitration Association, 1985 - 1990
Member


National Association of Subrogation Professionals (NASP), 1999 - Present
Founding Member


National Association of Subrogation Professionals, 2002 - Present
Member, Board of Directors


National Association of Subrogation Professionals
Chair, Regions Committee


National Association of Subrogation Professionals
Member, Publications Committee and Amicus Committee


National Association of Subrogation Professionals
Lecturer and Exhibitor


National Association of Subrogation Professionals
Contributing Author to Subrogator Magazine


Property Loss Research Bureau, 2000 - Present


National Association of Mutual Insurance Companies (NAMIC)
Associate Member


Better Business Bureau
Auto Line Member


Republican Party of Ozaukee County
Sustaining Member


Liability Insurance Research Bureau


Past Employment Positions:
Hughes, Watters & Askanase, L.L.P., Managing Partner, 1983 - 1998


Pro Bono Activities:
First Immanuel Lutheran Church: Church Council; Chairman, Board of Christian Growth; Founder, Caraway Street Puppet Ministry
Living Word Lutheran High School: Board of Directors; Auctioneer, Annual Benefit Dinner and Auction; Event Chair, Benefit Dinner/Auction
Texas Childrens Hospital, Volunteer - Histology/Patient Pal, 1990 - 1998
Town of Cedarburg: Town Supervisor; District 3; Finance Committee/Board of Review
Ozaukee Youth Hockey Association, Rink Fund Raising Committee, 2006
Fraternities/Sororities:
Phi Alpha Delta
CTCW DRI Member NASP

Wisconsin Super Lawyers 2006 Wisconsin Super Lawyers 2005 Top Wisconsin Lawyers 2005

Top Wisconsin Lawyers 2008