Gary Wickert News

Claims Journal’s Top 10 Legal Articles of 2013

With federal and state legal climates changing frequently, adjusters need to be at the top of their game when handling litigated claim files. The following list contains the top ten contributed articles authored by industry legal experts: 1) Understanding Comparative …

When is A Vehicle Considered a Total Loss?

When and whether a vehicle involved in a collision is considered to be “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories about older, functioning automobiles being “totaled” simply …

Florida Supreme Court Limits Economic Loss Doctrine to Product Liability Cases

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases …

New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can …

Gathering Pebbles: Subrogation’s Burden of Proof

The recent New York Supreme Court decision of American International Ins. Co. v. A. Steinman Plumbing & Heating Corp., 2012 WL 952782 (N.Y. App. 2012) and an ancient parable wouldn’t seem to have a lot in common. But, they do. …

Vandalism, Fire Losses and the Doctrine of ‘Inferred Intent’

Property subrogation professionals routinely see cases involving fires caused by uninsured minors playing in buildings. Subrogation is the business of recovering money, not punishing delinquent children. Often carriers won’t pursue subrogation cases against uninsured minors for fear of throwing good …

David vs. Goliath: I.R.S. Tax Lien vs. Med Pay Subro Lien

In 1 Samuel 17, the Bible tells one of the most poignant and motivating stories of all time. The Philistine army had gathered for war against Israel. The two armies faced each other, camped for battle on opposite sides of …

The Societal Benefits of Subrogation

Subrogation is one of the oldest legal concepts in jurisprudence with roots that trace back to Roman law under the reign of Emperor Hadrian (A.D. 177–A.D. 138). First established in English common law with the Magna Carta in 1215 A.D., …