Gary Wickert News

Waivers Of Subrogation Endorsements Are Like Onions

A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up …

Subrogating Hawaii: Navigating the Subrogation Trade Winds In ‘The Middle of Nowhere’

Hawaii. There is no place like it on earth. It is the most remote population center on the face of the planet, 2,400 miles from the nearest anything. It has the most diverse population on earth, with no racial or …

The Exceptions to the Rule: Understanding The Dual Capacity Doctrine

The Exclusive Remedy Rule is neither exclusive nor a remedy. What began as a cornerstone of the social insurance experiment known as workers’ compensation has become so riddled with leaks that employers and their insurers often give up on subrogation …

Sales and Use Taxes on Subrogation Services

Navigating The Sales Tax Maze In South Dakota, New Mexico, And Hawaii As a means of raising revenue, particularly during times of economic crisis, a handful of states employ, and many states repeatedly revisit, the dubious and counter-productive scheme of …

Damage to Property Without Market Value

The amount and dollar value of insurance claims relating to property loss alone dwarf all other lines of insurance. Water losses in the U.S. result in more than $9 billion in property damage annually. Fire losses result in more than …

Governmental Immunity And The Code Of Pirates

In the 2003 Walt Disney blockbuster Pirates of the Caribbean: The Curse of the Black Pearl, Hector Barbossa and the crew of the Black Pearl are in a cavern trying to reverse their curse when Elizabeth invokes the right of …

Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike

The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of catastrophic losses caused by natural disasters. When God sends a hurricane, tornado, flood or naturally-occurring fire, the resulting losses can be enough …

If A Tree Falls In The Forest, Does The Subrogation Department Hear It?

During my first decade of practicing law in Texas, I enjoyed a good professional relationship with Texas Governor Greg Abbott. In those days, Abbott, who is my age and earned his law degree one year after me, was a young …

Commentary: The Failure of No-Fault Insurance

The Future Of Auto Insurance In No-Fault States In its widest sense, “no-fault insurance” is a term used to describe any auto insurance coverage under which policyholders are paid for personal injuries and property damage they sustain in accidents through …

Driverless Car Litigation: The World of George Jetson Has Arrived

Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting. All this …