Gary Wickert News

10 Subrogation Mistakes Insurance Companies Keep Making

“Show me the money.” – Rod Tidwell in Jerry Maguire This year is the 20th anniversary of the 1996 romantic comedy Jerry Maguire. Its director, Cameron Crowe, just published the entire 5,000-word mission statement he wrote for his crisis-hit sports …

Imputed Contributory Negligence: Maximizing Auto Property Subrogation When Permissive User Driving

Effective auto property subrogation may seem simple, but it often requires a thorough understanding of some of the more confusing legal concepts known to American civil jurisprudence. When your insured (owner of a vehicle) entrusts his or her vehicle to …

Liberty v. Tyranny: More States Pass Laws Outlawing Cell Phone Use While Driving

Every year, more than 170 billion cell phone texts are sent and received. Each year, an average of 3,000 people die and 450,000 are injured in motor vehicle accidents involving distracted drivers. Ten percent of all drivers who are 15 …

¿Dónde Están Mis Beneficios? Workers’ Comp Claims by Undocumented Employees

Following an election cycle in which illegal immigration became a touchstone issue, it seems only appropriate that claims handlers and subrogation professionals have a clear understanding of the many nuances involving workers’ compensation claims made by undocumented employees. Indeed, with …

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 …