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What s New in the 3rd Edition: The Third Edition of ERISA And Health Insurance Subrogation In All 50 States contains a great deal of new information, statutory amendments and case decisions. It reflects the changing nature of health insurance subrogation, and emphasizes the areas which have traditionally been weak spots in the subrogation professional's arsenal. The Third Edition includes a voluminous update on and fortification of the various states' collateral source rules and statutes, including those which serve as anti-subrogation tools. Additional information on the various states' commond fund doctrines has also been added. For the twelve states which have some form of automobile no-fault laws, a general overview of the laws and its interface with health insurance subrogation has been added, giving the practitioner an advantage in those states where confusing no-fault laws are routinely and wrongly thrown in the path of subrogated plans by trial lawyers. The Third Edition also contains enhanced descriptions of what constitutes a plan, including legal material and background information on the effect of wrap documents and their role in subrogation. For ERISA-covered plans, the effect of the common fund doctrine and made whole doctrine has been updated thoroughly for each federal appellate circuit. Also, the concepts of complete preemption and conflict preemption, and their role in subrogating health plans, has been added. Finally, the import and treatment of the Ahlborn decision in the Medicaid subrogation arena has been thoroughly covered. Overall, the Third Edition is a much more potent subrogation tool than its predecessor. ERISA And Health Insurance Subrogation In All 50 States remains the industry's bible on health insurance subrogation. About the Book: ERISA and Health Insurance Subrogation 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 also cited. This book is intended to introduce 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.
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Gary Wickert is an insurance trial lawyer and is regarded as one of the world s leading experts on insurance subrogation. He is also the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. He is also a published commercial fiction author (Dark Redemption at Amazon.com) and a politician in Wisconsin, recently elected to and serving his third term as Supervisor in the Township of Cedarburg. 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., Mr. Wickert returned to his native Wisconsin in 1998 and co-founded the subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 200 insurance companies. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also certified as a Civil Trial Advocate by the National Board of Trial Advocacy, 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 25 years, Mr. Wickert 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. He has represented subrogated insurance carriers in every state, and has been admitted pro hac vice in 17 states. Gary Wickert has worked with the Texas Legislative Oversight Committee in rewriting their workers compensation subrogation statutes, has served on the Board of the National Association of Subrogation Professionals, and has been cited as an authority on workers compensation subrogation by several appellate courts, including the Texas Court of Appeals. He is one of only a few lawyers to have ever represented a subrogated carrier before the United States Supreme Court, and was named as one of Law & Politics magazine s "Super Lawyers" for 2005, 2006, and 2007.Review:
"A difficult and confusing subject made simple. If you have health insurance subrogation responsibilities, you need this book." ---Loren Smith, Kelly, Smith & Murrah, P.C.
"When I entered the unsettled world of occupational accident plan subrogation, this book helped me find the answers." ---Beth Cipollo, Cambridge Integrated Services Group, Inc.
"As a lawyer, I can tell you that this book is essential to maximizing our clients subrogation recoveries. Don t settle another subrogation claim without it." ---David Gagliardi, Cambridge Integrated Services Group, Inc.
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