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When an Insurance Company pays a claim, it can step into the “shoes” of its insured and pursue its Insured’s claims against any third party responsible for causing the loss.

One of the main problems in pursuing subrogation claims is that key evidence is not preserved early in the claim handling process. If a third party is suspected of being at fault, they should be put on notice in writing as soon as possible and instructed to preserve key evidence. The third party should also be invited to attend any inspections of the loss site or the component or equipment that is suspected to be the cause of a loss.

Maintaining the Insured’s cooperation after the original claim has been paid can sometimes be difficult. It may be helpful to actively enlist the Insured’s cooperation in identifying the responsible third parties early in the claims handling process and emphasize to the Insured that their Insurance Company’s subrogation efforts, after the claim is settled, will also benefit them, since they may recover a portion of their deductible loss and any recovery made by the Insurance Company may help to keep their insurance premiums reasonable.

Our law firm can assist the client in identifying responsible third parties and pursuing claims against the responsible third parties at any stage in the claims handling process. We will also work with your Insured to attempt to recover their deductible loss and maintain their cooperation.



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