Fundamentals of Insurance Coverage in all 50 States - Fourth Edition

Fundamentals of Insurance Coverage in All 50 States is a unique compendium and overview of all aspects of insurance coverage law in every state, with a special emphasis on some of the unique aspects of insurance coverage involving environmental claims. The treatise utilizes and cites state and federal statutes, insurance regulations, and case law from every state, as a framework for a unique and unprecedented treatment of this complicated subject. 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 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, the first place a company should turn when coverage matters rear their ugly heads. The book intentionally omits references to federal law, which plays a very limited role in insurance regulation, except insofar as it may be necessary to clarify issues of state law. The book is a comprehensive treatment of all coverage issues that the average claims handler or supervisor might be expected to run across in any given situation.

This one of a kind treatise covers the following issues in all 50 jurisdictions:

Understanding Contracts of Insurance

Law Governing Insurance Policies

Tackling Ambiguity and Interpretation of Policies

General Contract Rules for Interpretation

Rights and Obligations of Contracting Parties

Limitations of the Construed against Drafter Rule

The Extent of Risks and Coverages

Good Faith and Fair Dealing; Bad Faith

Basic Policy Defenses

Cooperation of the Insured

Failure to Pay Premiums

Environmental Issues and Related Insurance Law

In addition to being an excellent and easy to understand primer on coverage issues and the basic insurance contract, this book is suitable for both the inexperienced claims professional and the seasoned veteran. It is also the perfect "starting point" for any research or litigation briefing by trial lawyers, defense counsel, or in-house insurance counsel. It is a must for anyone with multi-state responsibilities.

Bradley W. Matthiesen is a Senior Partner with the law firm of Matthiesen,Wickert & Lehrer, S.C. where he has been an insurance defense trial attorney for the past 12 years. He has litigated and tried numerous personal injury, insurance coverage, toxic tort, lemon-law and Magnuson-Moss warranty cases for individual insureds, insurance companies and numerous automobile dealerships throughoutWisconsin. He received his law degree from the University of Puget Sound School of Law (now Seattle University School of Law) in 1978.

Mr. Matthiesen is currently a member of the Wisconsin State and Waukesha and Washington County Bar Associations. He is also a member of C.T.C.W. (Civil Trial Counsel of Wisconsin) and D.R.I. (Defense Research Institute).

Douglas W. Lehrer is an insurance trial lawyer and partner with the law firm of Matthiesen, Wickert & Lehrer, S.C. His insurance defense practice spans the spectrum of insurance related issues, including defending insureds and their insurers in response to claims of personal injury, property damage and wrongful death. He has handled countless lawsuits arising out of automobile collisions, slip and falls, product liability claims, toxic tort claims and construction and work site accidents. His insurance defense practice includes numerous defense verdicts following trial, and he has represented insurance companies for many years on all types of insurance coverage disputes as well as defended insurers in response to claims of bad faith.

He has lectured extensively before insurance company representatives as well as other professional organizations on various insurance related issues. Licensed to practice law in the state of Wisconsin as well as the United States District Courts for the Eastern and Western District of Wisconsin, his primary practice areas include: general insurance defense litigation, uninsured/underinsured litigation, workers' and insurance covering compensation defense, workers' compensation, health, ERISA subrogation, and products liability subrogation.

Gary L. Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. 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., he 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 nearly 25 years, Gary 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 is one of only a few lawyers to have ever represented a client before the United States Supreme Court on a subrogation issue, and was named as one of Law & Politics magazine's Super Lawyers for 2005, 2006 and 2008.