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Gary L. Wickert

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Gary L. Wickert

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Biography

Gary L. Wickert is an insurance trial lawyer and partner with the law firm of Matthiesen, Wickert & Lehrer, S.C. Gary has nearly four decades of litigation experience 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. Gary is also a published commercial fiction author. 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 Subrogation Recovery Program which includes a network of contracted subrogation law firms in all 50 states, Mexico, Canada, and the United Kingdom and boasts over $500 million in recoveries and credits for more than 250 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 dual board-certified as a Civil Trial Advocate and Civil Pretrial Practice Advocate by the National Board of Trial Advocacy (NBTA), 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 30 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. In 2011, he was consulted by the National Defense University (the premier center for Joint Professional Military Education (JPME) under the direction of the Chairman, Joint Chiefs of Staff) regarding the impact subrogation has on insurance rates and premiums, particularly involving Federal Employees Health Benefit Plans (FEHBP). He is one of only a few lawyers to have ever represented a client before the U.S. Supreme Court on a subrogation issue, and was named a Super Lawyer in Law & Politics magazine’s Super Lawyers and in Wisconsin’s Super Lawyers, Super Lawyers Magazine numerous times. Gary also writes a monthly column for the Claims Journal magazine entitled “The Road To Recovery” and a bi-monthly column for Claims Litigation Management’s magazine Litigation Management. Gary holds an AVVO rating of 10, the highest rating.

In his spare time, Gary enjoys competitive chess, cycling, CrossFit, strength training, and traversing the woods with his two labs, Murphy and Jackson.


Claims Litigation Management

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

Bar Admissions

Texas, 1983

Wisconsin, 1988

  • U.S. District Court Eastern District of Texas, 1988
  • U.S. District Court Northern District of Texas, 1999
  • U.S. District Court Southern District of Texas, 1984
  • U.S. District Court Eastern District of Wisconsin, 1994
  • U.S. District Court Western District of Wisconsin, 2006
  • U.S. Court of Appeals 5th Circuit, 1986
  • U.S. Supreme Court, 1991
  • U.S. Court of Appeals 10th Circuit, 2007

Certifications

  • State Bar of Texas–Texas Board of Specialization
  • Personal Injury Trial Law– 1988 to Present
  • Civil Trial Law–1988 to Present
  • National Board of Trial Advocacy (NBTA)
  • Board Certified–Civil Trial Law–1994 to Present
  • Board Certified–Civil Practice Advocacy–1994 to Present
  • Product Liability Certification Exam Writer and Grader

Memberships

  • American Bar Association, 1983–Present, Member
  • 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
  • Wisconsin State Bar, 1988-Present, Member
  • National Association of Subrogation Professionals (NASP)
    • Founding Member–1999 to present
    • Board of Directors–2002-2004
    • Chair, Regions Committee
    • Publications Committee
    • Amicus Committee
    • Lecturer and Exhibitor
    • Contributing Author to Subrogator Magazine–1999 to Present
  • Property Loss Research Bureau (PLRB), 2000–2019, Member
  • Longshore Claims Association, 2018-Present, Member
  • 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 (LIRB), 2000-Present, Member
  • Claims Litigation Management (CLM), 2010-Present, Member
  • Claims Litigation Management (CLM), 2013-Present, Workers’ Comp Committee Co-Chair
  • Claims Litigation Management (CLM), 2013-Present, Subrogation Committee Co-Chair
  • Claims Litigation Management (CLM), 2013-Present, Adjuster’s Training Subcommittee Co-Chair
  • Inland Marine Underwriters Association, Associate Member

Reported Decisions

  • Ins. Co. of the State of Pennsylvania v. Roberts, 506 S.W.3d 498 (Tex. App. 2016), review denied (Jan. 26, 2018). Gary Wickert filed an amicus brief on behalf of the National Association of Subrogation Professionals (NASP) in this case. On January 26, 2018, the Texas Supreme Court refused to review the July 14, 2016 decision by the Texas Court of Appeals. The Court of Appeals decision is now precedent for requiring a close look at all documents surrounding a construction project to determine if there is a valid waiver of subrogation.

  • In Re Estate of Evertson, 295 Neb. 301 (Neb. 2016). The case was appealed to the Nebraska Supreme Court and Matthiesen, Wickert & Lehrer, S.C. drafted and filed an amicus curiae brief on behalf of a large Omaha employer, Werner Enterprises, urging the Supreme Court to grant the appeal. On June 7, 2016, the Supreme Court granted the Petition for Further Review and on December 16, 2016, reversed the Court of Appeals and vacated its decision because the county court lacked subject matter jurisdiction over the subrogation matter.

  • Burnett v. Columbus McKinnon Corp., 77 A.D.3d 1466 (2010).
  • Trott v. Brinks, Inc., 972 So. 2d 81, 83 (Ala. 2007). Gary Wickert drafted the briefs for this landmark workers’ compensation subrogation decision by the Alabama Supreme Court that dealt for the first time with the confusing portion of Alabama Statute § 25-5-11, ultimately holding that an employer has a right to “reimbursement” of compensation and benefits.

  • Fortis Benefits v. Ford Motor Co., 234 S.W.3d 642 (Tex. 2007) (Amicus Brief for NASP). This case established for the first time in Texas that the Made Whole Doctrine must yield to an insurance company’s right to contractual subrogation under the terms of the insurance policy.

  • Petta v. ABC Insurance Co., 692 N.W.2d 639 (Wis. 2005). This case established for the first time in Wisconsin that equitable considerations control in subrogation situations, necessitating that wrongful death plaintiffs be made whole before the subrogated insurance carrier of the deceased could subrogate – even though the plaintiffs were not “insureds” of the subrogated carrier.

  • Falcon Ridge Apartments Joint Venture v. General Electric Co.795 S.W.2d 21 (Tex. App. – Houston [1st Dist.] 1999). An appellate case that establishes where the record did not show that notice of intent to dismiss case for want of prosecution or notice of dismissal was given, and plaintiff asserted, without contradiction, that notice was not given, a defect was apparent from face of record, for purpose of obtaining writ of error relief.

  • Hartford Acc. & Indem. Co. v. Buckland, 882 S.W.2d 440 (Tex. App. – Dallas, 1994). Gary Wickert joined in oral argument in this appeal, which established that a carrier’s workers’ compensation subrogation interest – for purposes of a valid waiver of subrogation – includes both the right to reimbursement of a past lien as well as its right to a future credit, because future benefits are part of carrier’s subrogation interest.

  • Jacques v. Kalmar Industries AB, 8 F.3d 272 (5th Cir. 1993). Established for the first time in a LHWCA setting that regardless of whether damages recovered in a settlement were characterized as punitive rather than compensatory damages under Alabama law, a LHWCA carrier is entitled to reimbursement from a settlement for death benefits paid to a widow under the LHWCA.

  • Twin City Fire Ins. Co. v. Jones, 834 S.W.2d 114 (Tex. App. – Houston [1st Dist.] 1992). Announced that an abuse of discretion standard, rather than a sufficiency of the evidence standard, applies in reviewing a court’s apportionment of attorney fees for recovery of a workers’ compensation subrogation lien and helped to define “active participation” under Texas law.

  • Guillot v. Hix, 838 S.W.2d 230 (Tex. 1992). Held that a workers’ compensation carrier’s subrogation claim, which is derivative of employee’s rights, accrues at the same time as an employee’s action against a third party accrues, and if an employee brings a tort action against a third party within two years of date that action accrues, the running of the statute of limitations is tolled as to the carrier and the carrier may intervene in that action at any time.

  • Hix v. Guillot, 812 S.W.2d 400 (Tex. App. – Houston [14th Dist.] 1991). Court of Appeals decision preceding the Supreme Court ruling above.

  • General Elec. Co. v. Falcon Ridge Apartments, Joint Venture, 811 S.W. 2d 942 (Tex. 1991). Argued at Texas Supreme Court for client on case dismissed for want of prosecution. Court held that writ of error could not be maintained, as there was no error on face of record created by failure to indicate whether notice of intent to terminate or notice of termination had been sent to parties.

  • In The Matter Of Matter of Herbert W. Fields, 926 F.2d 501 (5th Cir. 1991). Held that a subrogated surety, having paid a debtor’s sales taxes to the State of Texas, became subrogated to Texas’ right to exception from discharge under the Bankruptcy Code. Certiorari granted in the U.S. Supreme Court but dismissed after briefing.

  • Houston Elec. Distributing Co., Inc. v. MBB Enterprises, 703 S.W.2d 206 (Tex. Civ. App. [14th Dist.] 1985). For purposes of a materialman’s lien, a business located on one lot, and offices located on different lot separated by a city street, were not “necessarily connected ” and thus, the lien of a supplier, who delivered materials only to warehouse lot, did not attach to lot on which offices were located.

Published Books

  • Automobile Insurance Subrogation In All 50 States (Third Edition), National Treatise, Juris Publishing, Inc., New York, Updated Annually. ISBN: 978-1-57823-518-6, 2018.

  • Fundamentals of Insurance Coverage In All 50 States (Sixth Edition), National Treatise, Juris Publishing, Inc., New York, Updated Annually. ISBN: 978-1-57823-536-0, 2020.

  • Where’s the Beef? Subrogating Livestock/Vehicle Collisions In All 50 States (Third Edition), National Treatise, Matthiesen, Wickert & Lehrer, S.C., Hartford, Wisconsin, 2015.

  • ERISA and Health Insurance Subrogation In All 50 States (Seventh Edition), National Treatise, Juris Publishing, Inc., New York. ISBN: 978-1-57823-555-1, 2022.

  • Workers’ Compensation Subrogation In All 50 States (Seventh Edition), National Treatise, Juris Publishing, Inc., New York, Updated Annually. ISBN: 978-1-57823-541-4, 2020.

  • Dark Redemption, Commercial Historical Fiction Novel, Tudor Publishing – Best-Selling List in 1999, ISBN: 978-0936389707, 1999.

Published Articles

  • Rise In Pedestrian Fatalities Presents New Subrogation Opportunities, published by Claims Journal, October 22, 2022.
  • Subrogating Shifting and Falling Cargo Cases, published by Claims Journal, July 5, 2022.
  • Virginia Court Of Appeals Rejects Attempt To Limit Workers’ Compensation Carrier’s Reimbursement To ‘Like Damages’, published by Claims Pages, June 2, 2022.
  • The Only Way To Increase Your Net Subrogation RecoveriesClaims Journal, May 25, 2022.
  • Subrogation Shortcuts Lead To Drastically Smaller Recoveries Claims Pages, May 2, 2022.
  • Pennsylvania Reneges Once Again On Social Bargain Of Workers’ Compensation Subrogation – Claims Pages, April 1, 2022.
  • The Price of Courtesy: Liability for Waving Driver Into Traffic When It Isn’t ClearClaims Pages, March 2, 2022.
  • Spoliation By Insurer Can Destroy Subrogation Potential: Viewpoint Claims Journal, February 24, 2022 and Claims Pages, March 1, 2022.
  • Subrogating Automated Driving Systems and Autonomous Vehicle Failures Claims Journal, December 28, 2021
  • Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike Claims Pages, November 23, 2021
  • Subrogation And The Sudden Emergency DoctrineClaims Journal, November 3, 2021, and Claims Pages, January 3, 2022
  • Which Workers’ Compensation “Benefits” Can Be Subrogated? Claims Journal, September 13, 2021, and Claims Pages, November 1, 2021
  • Reinsurers Not Liable for Defense Costs Exceeding Policy LimitsClaims Journal, July 30, 2021, by Jim Sams, Gary Wickert quoted within.
  • The Risks of Recording Business Calls Claims Journal, July 2, 2021
  • What Does It Mean To “Total” A VehicleClaims Journal, May 5, 2021, and AutoBody News, May 7, 2021
  • The Hard Work of Successful SubrogationClaims Journal, April 5, 2021, and Claims Pages, April 6, 2021
  • Subrogating Slip and Fall Cases Involving Snow and Ice Claims Journal, February 24, 2021, and Claims Pages, February 24, 2021
  • Settling Subrogation Claims And The Dreaded ReleaseClaims Journal, January 5, 2021, and Claims Pages, December 1, 2020, Co-authored with Lee R. Wickert, with Matthiesen, Wickert & Lehrer, S.C.
  • OCIPS, CCIPS, and Wrap-Up Insurance: The Lesser-Known Subrogation ObstaclesClaims Journal, November 3, 2020, and Sentinel Reporter, July/August Special 2020 Edition
  • General Contractor Overhead And Profit And AOB Insurance Scams Claims Journal, October 6, 2020, and Claims Pages, October 5, 2020
  • Subrogating Employees’ Intentional Act Damage Recoveries Claims Pages, September 1, 2020, and Claims Journal, September 2, 2020
  • Federal Tort Claims Act Subrogation Claims Journal, July 16, 2020
  • The Failed No-Fault Automobile Insurance Experiment Claims Pages, August 6, 2020
  • Repairing Vehicles Before Damages Can Be Inspected: Good Claims Practice or Spoliation? Claims Pages, August 4, 2020
  • Subrogating Rental Car Company Physical Damage and Loss-of-Use ClaimsClaims Journal, May 13, 2020
  • What The Government Can and Should Do In Response To COVID-19: Viewpoint Claims Journal, March 31, 2020
  • When Employees Work From Home: Work Comp Subrogation and The Remote Employee Claims Pages, March 24, 2020, and Claims Journal, April 8, 2020
  • Massachusetts Weighs In On Third-Party Liability For Diminished Value DamagesClaims Journal, March 16, 2020
  • Subrogation Settlements And The IRS Claims Journal, January 10, 2020
  • Beating The Statute of Limitations: Filing Suit is Only Half the BattleClaims Journal , December 10, 2019
  • Pennsylvania Finally Picks A Side On Landlord/Tenant Implied Co-Insured IssueClaims Pages, December 3, 2019
  • The General Contractor Problem: Paying Overhead And Profit In First-Party Claims Claims Pages, October 7, 2019, and Claims Journal, October 31, 2019
  • Florida Returns To Daubert Standard For Admission of Expert Testimony Claims Journal, October 4, 2019
  • New Jersey’s Dangerous Entire Controversy Doctrine Claims Pages, October 1, 2019
  • Washington Supreme Court Throws Automobile Subrogation Into Chaos Claims Pages, September 3, 2019
  • Even Monkeys Cannot Explain Why Companies Insist On Workers’ Compensation Waivers of Subrogation Endorsements Claims Pages, August 30, 2019, Claims Journal, October 3, 2019, Tennessee Insurance Magazine, September/October 2019 Issue, Volume 30, Number 5
  • Subrogation Counsel, Data Breaches, and CybersecurityClaims Journal, August 26, 2019
  • Fraud Alleged After Carrier Included Case Management Fees in Subrogation Lien: Viewpoint Claims Pages, July 16, 2019, and Claims Journal, July 22, 2019
  • Auto Insurer Argues Drunk Driving Accidents Not Covered Under Liability Policy: 5th Circuit DisagreesClaims Pages, July 11, 2019
  • The Red-Light Traffic Camera Controversy Claims Pages, June 21, 2019, Co-authored with Lee R. Wickert, with Matthiesen, Wickert & Lehrer, S.C.
  • New Jersey Court Prohibits Lawyer From Asking Client At Trial If Vehicle TotaledClaims Journal, May 17, 2019
  • Demystifying Specialty, Wholesale, Surplus Lines, and Specialty-Admitted Insurance – Claims Journal, March 6, 2019
  • “Matching Regulations” Affecting Homeowner’s Insurance Claims: Viewpoint Claims Journal,  April 4, 2019, and Claims Pages on February 28, 2019
  • How To Get Paid For Being Use-Less: Understanding Loss-of-Use ClaimsClaims Pages, January 31, 2019, and Claims Journal, February 7, 2019, Co-authored with Ashton T. Kirsch, with Matthiesen, Wickert & Lehrer, S.C.
  • Who Let The Dogs Out? Subrogating Dog Bite CasesClaims Journal, January 3, 2019
  • Subrogation Savoir-Faire: What You Don’t Know Can Hurt You Claims Journal, December 6, 2018
  • Understanding Pedestrian and Crosswalk Laws In All 50 States Claims Journal, November 1, 2018, and Claims Pages, November 2, 2018
  • Subrogating The Deer In The HeadlightsClaims Journal, October 4, 2018
  • Tautology and the Art of Listening Claims Journal, September 6, 2018
  • Why Molten Lava and Insurance Don’t Mix: Subrogating Pele and the Goddess of FireClaims Journal, August 2, 2018
  • NFPA 921 for Dummies: How to Play the Fire Cause and Origin Game and WinClaims Journal, July 5, 2018
  • Slower Traffic Keep Right: A Summary of State “Keep Right” Traffic LawsClaims Journal, June 7, 2018
  • Texting While Driving on the Rise Despite More Laws Banning It Claims Journal, May 3, 2018
  • The Cost of Subrogation ProcrastinationClaims Journal, April 5, 2018
  • Uber, Lyft and New York Loss TransferClaims Journal, March 13, 2018
  • Owner Liability for Damage Caused by Stolen VehiclesClaims Journal, February 8, 2018
  • Medical Billing, Insurance Write-Offs, and the Collateral Source RuleClaims Journal, January 11, 2018
  • Opioid Pain Treatment Addition Costs Workers’ Comp Carriers, Health Insurers BillionsClaims Journal, December 7, 2017
  • Subrogating Against SuicideClaims Journal, November 2, 2017
  • Use of Aftermarket (Non-OEM) Crash Parts in Repair of Damaged VehicleClaims Journal, October 5, 2017
  • Seat Belt Defense in All 50 StatesClaims Journal, September 7, 2017
  • Navigating the Anti-Subrogation RuleClaims Journal, August 3, 2017
  • 10 Subrogation Mistakes Insurance Companies Keep MakingClaims Journal, July 6, 2017
  • Imputed Contributory Negligence: Maximizing Auto Property Subrogation When Permissive User DrivingClaims Journal, June 1, 2017
  • Robo Claims: When Robots Injure HumansClaims Journal, May 5, 2017
  • How to Sue Yourself and WinClaims Journal, April 6, 2017
  • Liberty v. Tyranny: More States Pass Laws Outlawing Cell Phone Use While Driving Claims Journal, March 2, 2017
  • The Risk of Waiving: Understanding the Impact of Subrogation Waivers on Workers’ Compensation Policies CLM’s Workers’ Compensation Magazine, January 11, 2017
  • ¿Dónde Están Mis Beneficios? Workers’ Compensation Claims by Undocumented EmployeesWorkers’ Compensation Institute, January 10, 2017 and Claims Journal, February 2, 2017
  • Waivers of Subrogation Endorsements Are Like Onions – Claims Journal, January 5, 2017
  • Subrogating Hawaii: Navigating the Subrogation Trade Winds In ‘The Middle of Nowhere’Claims Journal, December 8, 2016
  • The Exceptions to the Rule: Understanding the Dual Capacity DoctrineClaims Journal, November 3, 2016
  • Sales and Use Taxes on Subrogation ServicesClaims Journal, October 20, 2016
  • Damage to Property Without Market ValueClaims Journal, September 28, 2016
  • Governmental Immunity and The Code of Pirates Claims Journal, August 4, 2016
  • Subrogating Against God: Recovering Claim Dollars When Natural Disasters StrikeClaims Journal, July 7, 2016
  • If A Tree Falls in The Forest, Does the Subrogation Department Hear It?Claims Journal, June 2, 2016
  • Commentary: The Failure of No-Fault InsuranceClaims Journal, May 12, 2016
  • The Fight to Reclaim Premium Increased from Tortfeasors CLM’s Workers’ Compensation Magazine, April/May 2016, Issue 2, Vol. 2
  • Driverless Car Litigation: The World of George Jetson Has Arrived Claims Journal, April 7, 2016
  • Subrogating Snowmageddon And Winter Rood CollapsesClaims Journal, March 3, 2016
  • Best and Worst States for Subrogating Workers’ Compensation ClaimsCLM’s Workers’ Compensation Magazine, February/March 2016, Issue 1, Vol. 2
  • The Parable of the Crippled Mare: Loss-Of-Use Now Recoverable in Texas Total Loss Auto CasesClaims Journal, February 4, 2016
  • Making Subrogation While the Hay ShinesClaims Journal, January 7, 2016
  • Where’s My Deductible? Claims Journal, December 3, 2015
  • If It Seems Too Good to Be True: The Problem with Cut-Rate Subrogation Vendors Claims Journal, November 5, 2015
  • I Sue Dead People: When A Tortfeasor Dies, Your Subrogation Claim Doesn’t Need to Die TooClaims Journal, October 1, 2015
  • Sudden Medical Emergencies While Driving Claims Journal, September 3, 2015
  • Governor Bullock Sides with Trial Lawyers Over Small Businesses – NASP Subrogator, Fall 2015
  • Recovery of Sales Tax After Vehicle Total LossClaims Journal, August 6, 2015
  • Drone Wars: Airspace and Legal Rights in the Age of DronesClaims Journal, July 2, 2015
  • Subrogating Condominium DamageClaims Journal, June 4, 2015
  • A Picture is Worth a Thousand Words: But It Could Cost You Much More Claims Journal, May 7, 2015
  • A Primer on Diminution in Value ClaimsClaims Journal, April 2, 2015
  • Where’s the Paint? Subrogating Paint on Overspray Claims Claims Journal, March 5, 2015
  • Squeezing Blood from The Uninsured Turnip: Suspension of Drivers’ Licenses Claims Journal, February 5, 2015
  • Subrogating Court-Ordered Criminal Restitution Claims Journal, January 8, 2015
  • Indiana Announces Subrogation-Friendly RuleClaims Journal, December 4, 2014
  • 7,540 Reasons to Include Your Insured’s Deductible in Your Subrogation ClaimClaims Journal, November 6, 2014
  • Illinois Legislature Outsmarts Illinois Court of Appeals, Claims Journal – October 2, 2014
  • Recovery of Allocated Loss Adjustment Expenses in Property Subrogation Cases Claims Journal, September 4, 2014
  • Arizona Legislature Adds Assignment Language to Workers’ Compensation Statute (Again) – NASP Subrogator, Fall 2014
  • Big Brother’s Eye in The Sky: Use of Red-Light Cameras in Accident LitigationClaims Journal, August 7, 2014
  • Funeral Processions and The Right-Of-Way Claims Journal, July 3, 2014
  • Does Automobile Insurance Follow the Car or The Driver? Claims Journal, June 5, 2014
  • Confusion Surrounds Arizona Court of Appeals’ Opinion on Workers’ Compensation Statute Amendment – NASP Subrogator, Spring/Summer 2014
  • Hedging Bets for Subrogation Success Healthcare Finance News, May 14, 2014
  • Feds to Require Speed Limiters on Trucks Claims Journal, May 1, 2014
  • You Break It, You Buy It: Understanding Anti-Indemnity StatutesClaims Journal, April 3, 2014
  • Punishing Common Courtesy: Who’s At Fault When One Driver Waves To Another Driver That It’s All Clear – And It Isn’t? – Claims Journal, March 6, 2014
  • Slumlord Subrogation: Subrogating Landlord/Tenant Property Losses Claims Journal, February 6, 2014
  • Subrogation and the “Oklahoma Option”NASP Subrogator, Winter 2014
  • Liability for Allowing Drunk Driving: The Death of Personal ResponsibilityClaims Journal, January 2, 2014
  • When Is A Vehicle Considered A Total Loss? Claims Journal, December 5, 2013
  • Florida Supreme Court Limits Economic Loss Doctrine to Protect Liability Cases Claims Journal, November 7, 2013
  • New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective Claims Journal, October 3, 2013
  • Understanding Comparative Fault, Contributory Negligence and Joint & Several Liability Claims Journal, September 5, 2013
  • Gathering Pebbles: Subrogation’s Burden of Proof Claims Journal, August 1, 2013
  • Vandalism, Fire Losses and The Doctrine Of “Inferred Intent” Claims Journal, July11, 2013
  • West Fertilizer Company Explosion in Texas And the Role of Experts Claims Journal, June 6, 2013
  • A Victory for ERISA: U.S. Supreme Court Unanimously Holds Equity Doesn’t Trump Plan LanguageClaims Journal, May 2, 2013
  • David v. Goliath: I.R.S. Tax Lien vs. Med Pay Subro LienClaims Journal, April 4, 2013
  • Tennessee Supreme Court Doubles Down on Questionable Future Credit Decisions Claims Journal, March 7, 2013
  • The SMART Act Becomes Law: Sanity Restored to Medicare Secondary Payer LiabilityClaims Journal, February 7, 2013
  • Understanding Experience Modifiers: Can Subrogation Really Affect Premiums?Claims Journal, January 4, 2013
  • Workers’ Comp Subrogation Against Political Subdivisions Given Last Rites in PennsylvaniaClaims Journal, November 1, 2012
  • Subrogation and The Seat Belt Defense Self-Funding Magazine, September 2011
  • Insurer’s Liability for Negligent Inspections Self-Funding Magazine, February 2011
  • The Battle for Attorney’s Fees: Reducing Plaintiff’s Attorney’s Fees Deducted from Your LienSelf-Funding Magazine, October 2010 and Health Plan Week, Volume 20, No. 36, October 11, 2010
  • Subrogation and Medicare Set-Asides – NASP Subrogator, Spring/Summer 2010
  • The Societal Benefits of SubrogationSelf-Funding Magazine, August 2010
  • Turning Off the Spigot: Future Credits in Health Insurance Subrogation – NASP Subrogator, Winter 2009
  • 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
  • The Perfect Storm: The Science Behind Subrogating Catastrophic Flood Losses – NASP Subrogator, Winter 2007
  • Duplex: Subrogating Landlord/Tenant Property Subrogation Losses – NASP Subrogator, Winter 2007
  • 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 – NASP Subrogator, Spring/Summer 2006, Co-authored with Robert Reynolds of Arbitration Forums, Inc.
  • Health Insurance and ERISA Subrogation: Part Five: ERISA Preemption and The Common Fund Doctrine – NASP Subrogator, Winter 2006, Co-authored with Ryan L. Woody of Matthiesen, Wickert & Lehrer, S.C.
  • Workers’ Compensation Subrogation in Construction Settings: In All 50 States – NASP Subrogator, Winter 2006
  • Where’s the Luggage? Subrogating for Lost or Damaged Luggage – NASP Subrogator, Winter 2005, Co-authored with Ryan L. Woody of Matthiesen, Wickert & Lehrer, S.C.
  • 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 – NASP Subrogator, Fall 2004, Co-authored with Rafael Murillo of Murillo, Maldonado, Arredondo y Asociados, S.C., Colonia Chapultepec Morales, C.P., Mexico D.F., Mexico
  • Subrogating on The Waterfront: Longshore and Harbor Worker’s Compensation Subrogation – NASP Subrogator, Spring/Summer 2004
  • 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
  • Subrogating Against GodNASP Subrogator, Fall 2002
  • The Paper Chase: Subrogating in A Paperless World – NASP Subrogator, Spring/Summer 2003
  • 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 2000 Premier Issue
  • Contractual Risk Transfer: Waivers of SubrogationContractual Risk Transfer – 2000, Author of Chapter 3, Waivers of Subrogation, International Risk Management Institute’s (IRMI) national treatise.
  • Understanding Experience ModifiersTexas Corporate Counsel Law Review, Fall 1996
  • Subrogation and The Self-Insured Texas Corporate Counsel Law Review, Fall 1995, Co-authored with Mark T. Curry of Hughes, Watters & Askanase, L.L.P.
  • Many Insurers Overlook Advantages of Subrogation – Best’s Review, October 1995, Co-authored with Stan E. Nelson of Hughes, Watters & Askanase, L.L.P.
  • Statutes of Repose: A New Defense for Product Liability Trial Lawyers Forum, Vol. 28, No. 2, 1994, Co-authored with Michael A. Gentry of Hughes, Watters & Askanase, L.L.P.
  • 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, March-April 1990, Volume 27 Number 5

Speaking Engagements

  • Gravity’s Rainbow vs. Truffle Pigs: The Inevitability of Earnest Subrogation Investigation– September 15, 2022 – Webinar presented to The Institutes Chartered Property Casualty Underwriter (CPCU) society.
  • Subrogating National Disasters: The surfside Condo Collapse and Acts of God – August 5, 2021 – Webinar presented to The Institutes CPCU Society.
  • Employer Immunity and Other Urban Legends  – November 16, 2020  – Webinar presented at 2020 NASP Annual Conference scheduled to be in San Diego, California but ended up being virtual.

  • Property Damage Valuation: Examination of Permitted Methods – September 3, 2019 – Webinar presented for Strafford Publications.

  • Complete Guide to Selecting, Hiring, and Using the Right Expert in Subrogation Cases – October 23, 2018 – MWL webinar presented to public.

  • Common Mistakes in Handling Personal Injury Subrogation – October 10, 2018 – Webinar presented for Stafford Publishing.
  • Longshore & Harbor Workers’ Compensation – March 11, 2018 – MWL webinar presented to public.

  • State Sovereign Immunity And Tort Caps – November 14, 2017 – Webinar presented to Association of Governmental Risk Pools (AGRIP)

  • The Top Ten Subrogation Mistakes Carriers Keep Making – August 24, 2017 – MWL webinar presented to public.

  • Arizona Automobile Subrogation: The Nuts and Bolts – June 15, 2017 – MWL webinar presented to public.

  • The Top Ten Subrogation Mistakes Carriers Keep Making – May 27, 2017 – Seminar presented to 2017 Claims Litigation Management (CLM) and Business Insurance Workers’ Compensation Conference in Chicago, Illinois.

  • The Top Ten Subrogation Mistakes Workers’ Compensation Carriers Keep Making – February 1, 2017 – Seminar presented at 14th Annual National Workers’ Compensation Insurance ExecuSummit in Uncasville, Connecticut.

  • New Jersey Automobile Subrogation: The Nuts and Bolts – June 14, 2016 – MWL webinar presented to public.

  • Introduction to Property & Casualty Subrogation – February 25, 2016 – MWL webinar presented to public.

  • Challenges and Trends in Workers’ Compensation Subrogation – January 14, 2016 – Webinar presented to American Insurance Association (AIA) Workers’ Compensation Committee.

  • New Jersey Automobile Subrogation: The Nuts and Bolts – June 14, 2016 – MWL webinar presented to public.

  • Introduction to Property & Casualty Subrogation – February 25, 2016 – MWL webinar presented to public.

  • Challenges and Trends in Workers’ Compensation Subrogation – January 14, 2016 – webinar presented to American Insurance Association (AIA) Workers’ Compensation Committee.

  • Subrogating Against God: Turning Natural Disasters Into Recoveries – November 6, 2015 – Seminar presented at 2015 SCLA Claims Education Conference in Orlando, Florida.

  • Colorado Automobile Subrogation: The Nuts and Bolts – July 14, 2015 – MWL webinar presented to public.

  • Recognizing Subrogation and Third-Party Liability – November 6, 2014 – Seminar presented to SCLA Claims Education Conference in San Antonio, Texas.

  • Illinois Automobile Subrogation: The Nuts and Bolts – July 15, 2014 – MWL webinar presented to public.

  • New York Automobile Subrogation: The Nuts and Bolts – October 15, 2013 – MWL webinar presented to public.

  • Subrogating Workers’ Compensation Across State Lines – May 23, 2013 – MWL webinar presented to public.

  • Workers’ Comp: 100 Years In The Rear View Mirror – March 22, 2013 – Seminar presented for the AMCOMP Program at the Wynn Las Vegas in Las Vegas, Nevada.

  • California Automobile Subrogation: The Nuts and Bolts – January 16, 2013 – MWL webinar presented to public.

  • Texas Automobile Subrogation: The Nuts and Bolts – April 3, 2012 – MWL webinar presented to public.

  • Automobile Subrogation In All 50 States – February 8, 2012 – MWL webinar presented to public.

  • Subrogation Investigation in Workers’ Compensation Claims – January 25, 2011 – MWL webinar presented to public.

  • Medicare Set-Asides and The Subrogation Professional – December 16, 2010 – MWL webinar presented to public.

  • Subrogating Against God: Circumventing the Act of God Defense – November 30, 2010 – MWL webinar presented to public.

  • Insurance Subrogation Challenges for the Insured and Policyholder – November 16, 2010 – Webinar presented for Strafford Publishing.

  • Medicare Set-Asides and The Subrogation Professional – September 23, 2010 – Webinar presented to Michigan National Association of Subrogation Professionals (NASP) Chapter.

  • Subrogating Against God – August 31, 2010 – Seminar presented at the Wisconsin National Association of Subrogation Professionals (NASP) Chapter Meeting in West Bend, Wisconsin.

  • Advanced Concepts of Workers’ Compensation Subrogation – July 21, 2010 – MWL webinar presented to public.

  • Understanding and Avoiding Spoliation – May 18, 2010 – MWL webinar presented to public.

  • Spoliation and Preservation of Evidence – May 13, 2010 – Seminar presented to the Wisconsin Claims Council in Milwaukee, Wisconsin.

  • Recent Developments in Workers’ Compensation Subrogation – April 30, 2010 – Seminar presented at the 2010 National Other Party Liability Group (NOPLG) Conference in Savannah, Georgia.

  • Introduction To Property and Casualty Subrogation – April 20, 2010 – MWL webinar presented to public.

  • Workers’ Compensation Subrogation 101 – February 23, 2010 – MWL webinar presented to public.

  • The Complete Guide To Taking A Credit In All 50 States – November 2, 2009 – Seminar presented at the 2009 National Association of Subrogation Professionals Annual Conference in Colorado Springs, Colorado.

  • Legislative Fact Sheets & Tool Kit – November 1, 2009 – Seminar presented at the 2009 National Association of Subrogation Professionals (NASP) Annual Conference as part of NASP Amicus Committee in Colorado Springs, Colorado.

  • Property Subrogation: Recognition and Investigation – October 29, 2009 – Seminar provided to Wisconsin Claims Counsel in Sheboygan, Wisconsin.

  • The Complete Guide to Taking a Future Credit in All 50 States – April 23, 2009 – Seminar presented at 2009 National Other Party Liability Group (NOPLG) Conference in Minneapolis, Minnesota.

  • The Societal Benefits of Subrogation – April 21, 2009 – Seminar presented to 6th Annual National Property Subrogation Strategies ExecuSummit in Uncasville, Connecticut.

  • Lobbyist! We Don’t Need No Stinkin’ Lobbyist!….Do We? – April 2-3, 2009 – Seminar presented to National Association of Subrogation Professionals (NASP) 2009 Subro Litigation: Skills and Management Conference in St. Pete, Florida.

  • Workers’ Compensation Subrogation: In The New Millennium – August 8, 2007 – Seminar presented at ExecuSummit Conference in New York, New York.

  • The Perfect Storm: Where Subrogation and Science Meet – April 19, 2007 – Seminar presented at 2007 ExecuSummit Conference in New York, New York.

  • Workers’ Compensation Subrogation: How to Position Your Investigation for Successful Recoveries – March 1, 2007 – Seminar presented at to Wisconsin Claims Counsel in Sun Prairie, Wisconsin.

  • Where’s the Money in Construction Cases? – November 14, 2005 – Seminar presented at 2005 National Association of Subrogation Professionals (NASP) Conference in Austin, Texas.

  • Recognizing Subrogation – June 15, 2005 – Seminar presented at the National Association of Subrogation Professionals (NASP) North Central Region Chapter Meeting in Appleton, Wisconsin.

  • The Nuts and Bolts of Workers’ Compensation Subrogation In All 50 States, – June 9, 2005 – Seminar presented at ExecuSummit Workers’ Compensation Conference in New York, New York.

  • Subrogating Against God: Turning Natural Disasters Into Recoveries – April 27, 2005 – Seminar presented at ExecuSummit Property Subrogation Conference in New York, New York.

  • Workers’ Compensation Subrogation by Region: East Meets West: The Ultimate Panel Discussion (Workers’ Comp Track) –  November 9, 2004 – Seminar presented at the 2004 National Association of Subrogation Professionals Conference in Atlanta, Georgia.

  • Subrogating Across State Lines – October 7, 2004 – Seminar presented to National Association of Subrogation Professionals (NASP) North Central Region Chapter Meeting in Appleton, Wisconsin.

  • Recognizing Subrogation – September 23, 2004 – Seminar presented at Laidlaw’s National Workers’ Compensation Conference in Naperville, Illinois.

  • Subrogating Across State Lines – April 29, 2004 – Seminar presented at 2004 National Other Party Liability Group (NOPLG) Annual Education Conference in Chicago, Illinois.

  • Subrogating Across State Lines: Extra-Territorial Workers’ Compensation in an Interstate Economy – November 3, 2003 – Seminar presented at 2003 National Association of Subrogation Professionals (NASP) Conference in Reno, Nevada.

  • Workers’ Compensation Subrogation in Wisconsin (covering product liability, governmental issues, and asserting a credit in a third-party settlement) – September 30, 2003 – Seminar presented to National Association of Subrogation Professionals (NASP) North Central Region Chapter Meeting in Appleton, Wisconsin.

  • Workers’ Compensation Subrogation Liens – January 23, 2003 – Seminar presented for Wisconsin Insurance Claims Council in Sun Prairie, Wisconsin.

  • Great-West Life Insurance & Annuity Co. V. Knudson: The Aftermath (Panel Discussion on Health Care – Health Care Track) – November 12, 2002 – Seminar presented at 2002 National Association of Subrogation Professionals Conference in Tampa, Florida.

  • Difficult Legal Issues in the Workers’ Compensation Recovery Area (Workers’ Comp Track), November 11, 2002 – Seminar presented at 2002 National Association of Subrogation Professionals (NASP) Conference in Tampa, Florida.

  • Introduction to Health Care Subrogation (Health Care Track) – November 12, 2001 – Seminar presented at 2001 National Association of Subrogation Professionals (NASP) Conference in Reno, Nevada.

  • Workers’ Compensation Subrogation Primer – November 6, 2000 – Seminar presented at 2000 National Association of Subrogation Professionals (NASP) Conference in Orlando, Florida.

  • Contractual Risk Transfer – November 15, 1999 – Seminar presented at International Risk Management Institute Inc.’s 19th Annual Construction Insurance Conference in Chicago, Illinois.

  • Waiver of Subrogation As A Risk Management Tool – November 2, 1998 – Seminar presented at International Risk Management Institute, Inc.’s 18th Annual Construction Insurance Conference in New Orleans, Louisiana.

     

Areas of Practice

  Admiralty, Maritime, and Jones Act
  Arbitration (Arb Forums, Auto, Property, Special, No-Fault, NY PIP)
  Arbitration Award Enforcement
  Automobile Collision, Med Pay and PIP
  Aviation Crashes
  Complex and Large Loss Property
  Construction Defect and Warranty Claims
  Defense Base Act and War Hazard Compensation
  ERISA Benefits Litigation
  ERISA, Medicare Advantage, and Health Insurance Subrogation
  Explosion Cases
  Federal Tort Claims Act
  Fidelity and Surety Bonds
  Fire & Casualty Large Loss Property Subrogation
  Fleet and Dealership Losses
  Garagekeepers, Garage Coverage, Loaner Vehicle, and Test Driver
  Health Insurance Lien Filings in Workers’ Compensation Claims
  Hospital and Healthcare Provider Lien Filing
  Inland and Ocean Marine
  Insurance Contribution and Equitable Indemnity
  Insurance Coverage
  Lloyds, Syndicates, and London Market
  Longshore and Harbor Workers Compensation
  Mass Tort Multi-District Litigation and Class Action
  MCS-90
  Medical Malpractice
  Natural Disaster, Flood, and Wildfire Subrogation
  No-Fault Priority of Payment
  Occupational Accident Plans
  Premises Liability
  Product Liability and Product Recall
  SR-22 Claims
  State, County, and Municipal Government Liability
  Structural Collapses and Failures
  Toxic Tort & Environmental Disaster Cleanup
  Trucking and Downtime Claims
  Uninsured Motorist / Underinsured Motorist
  Workers’ Compensation Subrogation

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