subrogation News

Damage to Property Without Market Value

The amount and dollar value of insurance claims relating to property loss alone dwarf all other lines of insurance. Water losses in the U.S. result in more than $9 billion in property damage annually. Fire losses result in more than …

Following the Money: Subrogating MCS-90 Payments Against an Uninsured Operator

Trucking insurers issuing motor carrier policies which contain MCS-90 Endorsements may be overlooking significant subrogation and recovery opportunities. MCS-90 subrogation is a fascinating and under-utilized means of recovery that can significantly increase an insurance carrier’s bottom line. Understanding the history …

Subrogating Against God: Recovering Claim Dollars When Natural Disasters Strike

The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of catastrophic losses caused by natural disasters. When God sends a hurricane, tornado, flood or naturally-occurring fire, the resulting losses can be enough …

Subrogating Snowmageddon And Winter Roof Collapses

As someone whose childhood winter chores included shoveling the roof, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record …

The Parable of the Crippled Mare: Loss-Of-Use Now Recoverable in Texas Total Loss Auto Cases

Many years ago, a lawyer argued that the long-standing Texas rule prohibiting recovery of damages for loss of use of personal property, unless the property was a total loss or destroyed, was unfair. City of Canadian v. Guthrie, 87 S.W.2d …

Fire Expert Testimony Can Make, Break Case

Understanding why fire expert testimony is accepted or rejected during litigation can save adjusters time and money, according to experts who presented on the subject during a live streaming session held by the National Association of Subrogation Professionals. “Fire Experts …

Making Subrogation While the Hay Shines

Every year in North America insurers pay out tens of millions of claim dollars resulting from fires and feed damage caused by the spontaneous combustion and heating of hay mow – a pile of hay stored in or near a …

Where’s my Deductible?

A Survey of Laws Regarding Reimbursement of an Insured’s Deductible in all 50 States Most automobile insurance policies require their insured to pay a deductible when a claim is made. If the auto carrier is successful in subrogating a particular …

If It Seems too Good to Be True: The Problem With Cut-Rate Subrogation Vendors

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit …

Tactics Used to Defeat Subrogation Claims and How to Prevent Them

Subrogation is an increasingly interesting and challenging field. Subrogation plaintiffs’ attorneys face new and diverse challenges in pursuing their claims on behalf of their clients, who are usually insurance carriers. As most subrogation plaintiffs are insurers, many subrogation plaintiff’s attorneys, …