Published Books

Automobile Insurance Subrogation In All 50 States

By: Gary L. Wickert

Automobile Insurance Subrogation: In All 50 States is the most thorough, comprehensive, and ambitious anthology of subrogation-related legal information and insurance resources ever put to paper. It is a complete treatment – A to Z – of virtually every issue which the insurance claims or subrogation professional will face in the area of automobile insurance. This book covers the nuts and bolts of auto subrogation in all 50 states, covering every topic imaginable, including PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation, suspension of driver’s licenses, and more. It surveys the laws of every state and provides descriptions of every type of auto coverage imaginable, as well as the statutory, case law, and regulatory authority governing every aspect of auto subrogation

Workers’ Compensation Subrogation In All 50 States

By: Gary L. Wickert

Workers’ Compensation Subrogation In All 50 States is the most complete and thorough treatise covering workers’ compensation subrogation ever published. This book not only covers the basics of workers’ compensation subrogation – Who can bring a third-party action? Who qualifies as a third-party? How is a recovery allocated once recovery is made? Is the carrier’s lien reduced by the worker’s attorney’s fees and litigation costs? How and when can a carrier receive statutory credit for monies recovered by the worker and a reserve take-down – it also gets into the most complex, yet equally important aspects of workers’ compensation subrogation – contractual limitations to subrogation, waivers of subrogation, indemnity and hold harmless issues, statutory employer defenses, Exclusive Remedy Rule exceptions such as the Dual Capacity Doctrine and intentional act exceptions, medical and legal malpractice, conversion of liens, application of the Made Whole Doctrine, employer contribution actions, longshore and harbor workers’ compensation (LHWCA), Defense Base Act (DBA), War Hazards Compensation Act (WHCA), traps and pitfalls in construction settings, and borrowed servant and staff leasing industry issues. This book is intended to introduce the workers’ compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today’s workers’ compensation insurance subrogation marketplace.

ERISA 6th Ed Book Cover

ERISA and Health Insurance Subrogation in All 50 States

By: Gary L. Wickert

ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. Unlike most areas of insurance litigation/subrogation, health insurance subrogation requires the subrogation professional to be familiar not only with applicable state law and the many vagaries and nuances of health insurance subrogation within each state, but also the treatment of health insurance subrogation through ERISA, as applied by Federal District Courts, Federal Appellate Courts, and the United States Supreme Court. Familiarity with the general trends within each of the 12 Federal Circuits is cited. This book introduces the health insurance claims handler, in-house counsel and subrogation professional to the complex and challenging world of health insurance subrogation in today’s insurance subrogation marketplace.

Insurance Coverage 5th Ed Book Cover

Fundamentals of Insurance Coverage In All 50 States

By: Gary L. Wickert

Fundamentals Of Insurance Coverage In All 50 States is a unique compendium and overview of all aspects of insurance coverage law, in every state. The treatise utilizes and cites state and federal statutes, insurance regulations, and case law from every state as a framework for an unique and unprecedented treatment of this confusing and varied body of law. The book is designed specifically for insurance claims handlers and supervisors who have  responsibility for or occasion to deal with coverage issues relating to third-party defense litigation, first-party claims litigation, and/or reservation of rights scenarios. The purpose of this book is to compile all of the relevant law, regulations and case decisions in these areas from all 50 states into one easy to understand and easy to use reference book. While the book intentionally omits reference to federal statutes, regulations or holdings based purely upon federal law, except insofar as they may be necessary to clarify issues of state law, it is a comprehensive treatment of all other aspects of coverage issues which the average claims handler or supervisor might be expected to run across in any given situation.

Subrogating Livestock/Vehicle Collisions

“Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States

By: Gary L. Wickert

“Where’s The Beef?” Subrogating Livestock/Vehicle Collisions In All 50 States is the most thorough treatment of this area of subrogation law ever assembled. Even more than other areas of subrogation, the laws regarding liability of livestock owners are esoteric, complex, and in a constant state of flux and change. Even a thorough understanding of state law on the subject leaves one lacking for the full legal picture, as many states allow individual counties to pass local stock laws relevant only to accidents occurring within that county. The book helps the claims professional with even the smallest of claims by providing relevant case and statutory law to cite to liability adjusters who might otherwise simply deny the claim. It also helps subrogation attorneys by providing the resource tools necessary to litigate this area of the law in which the law varies not only from state to state and county to county, but quite literally, from one side of the street to the other.

Another useful resource contained within this book can be found in Sections 1.4 and 1.5 of Chapter One, entitled, “Purposes of Subrogation” and “Anti-Subrogation Arguments”. These sections contain a strong policy argument in favor of subrogation – something sorely missing within this area of the insurance industry. These arguments can be used in appellate briefs as well as correspondence with third-party claims professionals with whom you are negotiating for resolution of a claim. They also contain a rundown on the most prevalent anti-subrogation arguments we run across in our business and counter-arguments to those positions. It’s time to defend public policy and the societal/economic benefits of subrogation, and these two sections serve as a starting point.