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Where's the Beef? Litigating Livestock/Vehicle Collisions in All 50 States
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Updated On:
22042
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Hardcover Book
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Where’s the Beef? Litigating Livestock/Vehicle Collisions in All 50 States is the most thorough treatment of this area of subrogation law ever assembled.
We often underestimate the damage and injury which can result from the collision of a 2,000 lb. automobile with a 1,500 lb. Holstein-Friesian steer, but serious personal injuries and death resulting from livestock/vehicle collisions are common. Personal injury lawyers routinely represent victims of livestock/vehicle collisions and must be familiar with the often ancient laws and statutes which govern the rights and remedies of their clients in any of the fifty jurisdictions.
The laws regarding liability of livestock owners are esoteric, complex, and in a constant state of flux and change---much more so than in other areas of subrogation. Practitioners with even a thorough understanding of state law often lack the full legal picture on the subject, as many states allow individual counties to pass local stock laws relevant only to accidents occurring within that county.
Where’s the Beef? Litigating Livestock/Vehicle Collisions in All 50 States assists the claims professional with even the smallest of claims by providing relevant case and statutory law to cite to liability adjusters who might otherwise simply deny the claim. The book also helps subrogation attorneys by providing the resource tools necessary to litigate this area of the law in which the law varies not only from state to state and county to county, but quite literally, from one side of the street to the other.
Knowing the history of livestock and the nuances of the development of stock laws in all jurisdictions are key to understanding and taking advantage of every subrogation opportunity which presents itself when an insurer pays a claim resulting from such a collision.
Where’s the Beef?
• thoroughly examines the history and law surrounding livestock/vehicle collision cases
• discusses all the legal concepts involved
• explains the origins and elements, types and purposes of subrogation
• explains the laws in all 50 states governing the liability of a livestock owner for damage to a vehicle as a result of a collision with cattle roaming in the highway or roadway
• discusses the states’ relevant statutes of limitations for purposes of assessing when action must be taken before being time-barred
• provides strong policy arguments in favor of subrogation – something sorely missing within this area of the insurance industry – that can be used in appellate briefs as well as in correspondence with third-party claims professionals with whom practitioners must negotiate to resolve a claim
• gives a rundown on the most prevalent anti-subrogation arguments encountered in daily practice and the counterarguments to use to those positions, sage advice from a leading expert on insurance subrogation, and a leading trial lawyer with a wealth of litigation and insurance claims experience.
The vast majority of claims against owners of livestock that have wandered into the roadway are brought by insurance companies pursuing their rights of subrogation. But any victim of a livestock/vehicle collision will undoubtedly have insurance with which it will become necessary to deal. The complex and ever-changing remedies of contractual, equitable, and statutory subrogation rights make subrogation an important and necessary aspect of livestock/collision claims, and all parties —from the cattle owner to the vehicle driver—should have a working knowledge of this ancient concept. The law and legal concepts in this area of the law are inextricably interwoven with the storied history of the development of the United States; and in many cases are just as old.
Subrogation professionals must frequently dig deeply to find local county or even municipal laws of towns and villages governing this subject. But the good news is that if you have to dig for this information, so does the defense attorney or liability insurance claims handler. Where’s the Beef? gives you the advantage as it does the hardest part of the work for you, and you get the guidance of two seasoned, successful experts in this area of the law. Preorder your copy today.
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. Formerly a managing partner in 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 firm of Matthiesen, Wickert & Lehrer, S.C. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in personal injury law and civil trial law by the Texas Board of Legal Specialization. He is nationally certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA). For over 30 years, he has served as an expert witness 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 U.S. Supreme Court on a subrogation issue.
Mark A. Solomon is an insurance trial lawyer who has practiced all aspects of subrogation since becoming licensed in 2006. He is the managing partner of Matthiesen, Wickert & Lehrer, S.C.’s Austin, Texas office and is licensed in Texas, Colorado, and Georgia. He spearheaded the project to collect and publish the Stock Laws for all 256 counties in the State of Texas and make them available for review by the general public, which had never been done before. He has undertaken the task of becoming a leading authority on subrogating livestock cases throughout the country and has successfully litigated livestock cases for the firm’s clients.
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