When claims have been paid, insurers often need advice on assessing and prosecuting subrogation actions. Insureds may also have uninsured losses or a large deductible they want back. Our team has extensive experience in analyzing and pursuing potential recovery actions in all classes of business on which we advise, including marine, construction, general liability, and property damage.
The first step of in any subrogation claim is to identify the parties against whom that might be brought and making an initial determination as to whether those parties have additional insured or other contractual rights that might impede a claim. Our team’s background in coverage and defense allows us to focus on these issues early on to determine the viability of any recovery action.
Our experience as litigators and trusted insurance advisers allows us to develop a strategy for any subrogation action, utilizing facts and expert opinions that may have been developed during the original claim investigation and efficiently repurposing that knowledge to recoup payments from responsible parties who are not insured by our client. These efficiencies help us try to maximize the outcome for our clients.
We aim to work with insurers and their insureds where there may also be uninsured losses that the insured looks to recover from the responsible party, which can add value to the service insurers provide their customers.
Some firms will only take on subrogation on a contingency basis. Our Firm has a more flexible approach and will be happy to discuss fee arrangements on a case by case basis to ensure that it is appropriate for any given situation.