Nicole M. Kustermann | Yost & Baill

Nicole Kustermann’s practice involves the litigation and oversight of worker’s compensation subrogation claims across the country. Whether advising and assisting her clients through the recognition and investigation phase of a claim, or taking the necessary steps to perfect, prosecute and settle a worker’s compensation lien, Nicole is a knowledgeable resource in a complex area of the subrogation field. Nicole is proud of the co-counsel and expert witness relationships she has built with attorneys and experts throughout the country and considers these relationships to be a vital component of success for her clients.

Prior to focusing her practice on worker’s compensation subrogation claims, Nicole managed the auto subrogation department at Yost & Baill, LLP, where she successfully litigated and tried cases to judges and juries in state and federal courts. She was awarded the External Customer of the Year award from the Minnesota Fourth Judicial District Court for her efficient handling of hundreds of default judgment cases in the county. Nicole has been recognized as a Rising Star Attorney by Minneapolis St. Paul magazine. She graduated from William Mitchell College of Law, cum laude. Prior to her employment with Yost & Baill, Nicole was a prosecutor for the City of New Hope.

In addition to her subrogation practice, Nicole has devoted many years of service to the National Association of Subrogation Professionals (NASP), a non-profit trade association dedicated to the mission of education for the subrogation industry. Over the years, Nicole has volunteered in a variety of capacities, including serving as a long-time editor of the Subrogator magazine, chair of the Minnesota Chapter and co-author of the Certified Subrogation Recovery Specialists (CSRP) guidebook. Nicole has served several terms on the Board of Directors since 2008; participating on Conference Planning committees, Strategic Planning committees and Nominations committees. She served as the organization’s Secretary, Vice-President,and President. She is a proud holder of the CSRP designation.

In her spare time, Nicole is kept busy with her family: husband, Kyle and two kids, Gavin and Hadley. She has volunteered her time coaching youth softball and baseball and currently serves as the Secretary on the Board of Directors of the Osseo Maple Grove Hockey Association.

Education

J.D. (cum laude), William Mitchell College of Law
B.B.A. Finance & Marketing, University of Wisconsin-Madison

Admission to Practice

Minnesota State Courts and United States District Court, District of Minnesota

Honors & Awards

2010 NASP Board Member of the Year
Named 2008 Rising Star Attorney by Minneapolis St. Paul Magazine, Law & Politics Magazine and Twin Cities Business
Awarded Certified Recovery and Subrogation Professional designation by NASP
Recipient of 2004 External Customer of the Year Award from the Civil Filing Staff at Hennepin County District Court

Leadership

Former President of the National Association of Subrogation Professionals (NASP)
2013 Chair of NASP Nominations Committee
Former Member of NASP Board of Directors
Former Vice-President of NASP
Former Board Liaison to Subrogator editorial staff
Former Co-Chair of NASP Website Committee
Former Secretary of NASP
Former Co-Chair, Minnesota Chapter of NASP
Former Member of NASP Conference Planning Committees
Former member of NASP Committee to re-write manual for Certified Subrogation Recovery Professional designation
2009 Co-Chair of NASP Subrogation Litigation: Skills and Management Conference
Auto Track Chair for 2008 and 2006 NASP Annual Conferences and 2008 NASP Subrogation Litigation: Skills and Management Conference
Auto Track Co-Chair for 2007 NASP Annual Conference
Former multi-year Editor in Chief of NASP Subrogator magazine
Former Co-Chair of NASP Website Committee
Served on Board of Directors for non-profit organization, Jenny’s Light (www.jennyslight.org)
Secretary on Board of Directors of Osseo Maple Grove Hockey Association

Professional Associations & Memberships

Hennepin County and Minnesota State Bar Associations
National Association of Subrogation Professionals

Presentations

2023

–NASP Spring Conference, “When Offense Turns to Defense”, presented with Dawn Goodwin and David Yarosh

2022

-Secura Claims Conference, “Worker’s Compensation Subrogation”

2021

-West Bend Mutual Insurance Subrogation Department, “Worker’s Compensation Subrogation: Recognition and Pursuit.”

-West Bend Mutual Insurance Subrogation Department, “Recovery Considerations for Worker’s Compensation Subrogation Claims”

2020

-NASP Annual Conference, Virtual- “No Coattails to Ride”, with Priscilla Lloyd, John Popilock and Dan McCarthy

2019
-Westfield Minneapolis Claims Office, “Worker’s Compensation Subrogation: Perfecting a Claim”
-Westfield Insurance, “Worker’s Compensation Subrogation: A Review of the Basics”
2017
-Nationwide Insurance, “Worker’s Compensation Subrogation,” with Jeffrey M. Baill
-Westfield Insurance, “The Complex World of Worker’s Compensation Subrogation”
-Nationwide Insurance, “Just When You Think You Have It All Figured Out…Worker’s Compensation Subrogation”
2014
-NASP Annual Conference, Orlando, FL, “Resolving Worker’s Compensation Subrogation Claims: The Future is Negotiable,” with Heath Sherman and Kristin Papianou
-Owatonna, MN for Federated Insurance: “Worker’s Compensation Subrogation: Making the Case with Product Liability Claims”
-St. Charles, IL, for Westfield Insurance, with Jeffrey M. Baill, “Worker’s Compensation Subrogation”
-Iowa Symposium – Des Moines, IA, “Worker’s Compensation Subrogation in Iowa”
2013
Des Moines, IA, for Farm Bureau Insurance, “Solving the Worker’s Comp Subro Puzzle”
2012
-NASP Annual Conference – Las Vegas, NV. “Evaluating and Negotiating Complex Worker’s Compensation Claims: A Workshop”
-NASP Subrogation Litigation: Skills and Management Conference – Chandler, AZ. “Deposition Preparation”
2011
-Webinar presentation for Fireman’s Fund Insurance Company, “Worker’s Compensation Subrogation: A Team Approach”
-NASP Subrogation Litigation: Skills and Management Conference – San Diego, CA. “Direct and Cross Examination”
2010
NASP Annual Conference – Dallas, TX. “Psst, Don’t Just Hear It Through The Grapevine: Increased Recoveries from the Uninsured” (Co-Presenter)
2008
NASP Subrogation Litigation: Skills and Management Conference – Las Vegas, NV. “Everyday Customer Service Issues in Auto Subrogation”
2007
NASP Subrogation Litigation: Skills and Management Conference – Las Vegas, NV. “Managing High Volume Litigation”
2006
-NASP Annual Conference – Orlando, FL. “Black cow at night, white pig in a snowstorm; When is the farmer caught in the headlights?”
-NASP Subrogation Litigation: Skills and Management Conference – San Diego, CA. “Auto Subro: A to Z”

Publications

” Introducing Jeff Baill 2019-2020 HCBA President,” Hennepin Lawyer, September-October, 2019 edition
“Don’t Let Your Credit Right Impede Settlement,” Fall 2016, Subrogator
“Why Multiple Levels of Collaboration Are Critical for Recoveries,” September 2016, Claims Management
“A Balancing Act: Ethical Considerations for Litigating with a Pro Se Party,” Fall 2008, Subrogator
“Auto Claims Involving Animals; A checklist to turn the ‘dog’ case into a winner,” Summer 2006, Subrogator
“Small Subro, Big Rewards,” Winter 2005, Subrogator
“A Means to an End – Trying the Small Subro Case,” Spring/Summer 2004, Subrogator