Each year, tenants start billions of dollars' worth of fires which destroy apartments, condominiums, retail stores, and industrial complexes. But the road to recovery from the negligent tenants by the subrogating carrier for the landlord is loaded with trips, traps, and pitfalls. In many states, exculpatory language, waivers of subrogation, and common law prohibitions, which declare a tenant to be an implied co-insured of the landlord's carrier, all present significant obstacles to making recoveries. The course surveys the laws of all 50 states regarding these issues, and reviews proper investigation and subrogation techniques for maximizing recoveries where none seemingly exist.
Lee R. Wickert is a litigation attorney and partner with Matthiesen, Wickert & Lehrer’s Austin, Texas branch office. Lee is licensed in Texas and Wisconsin and his practice focuses on insurance litigation, especially nationwide insurance subrogation involving workers’ compensation, automobile, health insurance and ERISA, property and casualty, large loss property, and insurance coverage. Lee is also co-author of “Fundamentals of Insurance Coverage in All 50 States – 6th Edition”, published by Juris Publishing, Inc., New York.