Subrogation Practice Areas

Ensuring Insurers’ Rights are Equally Protected in Subrogation

Unique rules, procedures, jurisdictional issues and deadlines make the subrogation of government entity claims extremely complicated. Throw in the fact that every jurisdiction has its own requirements to bring such claims and the need for experienced subrogation counsel becomes readily apparent.

Rathbone Group helps clients pursue government entity subrogation claims at the federal, state and local levels. Subrogation claims against the federal government are often hampered by the sovereign immunity defense, but sometimes there are exceptions that permit subrogation claims to proceed.

Navigating Sovereign Immunity Arguments in Subrogation Cases

The principle behind sovereign immunity is that government entities serve the public, so they should be protected from liability to avoid the operational disruption and financial burden of constant lawsuits. The FTCA and state derivations of it were passed as controls on sovereign immunity to prevent a government entity from acting with unfettered powers. There are several ways in which states have interpreted these concepts in subrogation cases:

• Some states completely bar any subrogation suits against the government under the doctrine of sovereign immunity.
• Others bar subrogation suits against some parts of the state government while allowing claims against more local entities to proceed.
• Some jurisdictions allow subrogation but provide monetary limitations to the claims.

Rathbone’s subrogation attorneys practice in jurisdictions across the country. Our team understands the complexity of these various sovereign immunity arguments and explores exceptions and limitations in detail to maximize subrogation recoveries.

Specific Notice Requirements Complicate Subrogation Recovery

Regardless of whether the claim is federal, state or local in nature, as they arise from statute and local procedures.  Those statutes and procedures must be followed exactly at each step in order for the subrogation claim to go forward. The rigidity and specificity of these statutes and procedures make an understanding of state-specific subrogation laws a prerequisite to practicing in this area.

As opposed to subrogation suits against non-governmental parties, specific pre-litigation notices must be given to the alleged wrongdoer within a certain time and through a certain method that varies by jurisdiction. Failure to do so will result in an absolute bar of your subrogation claim. When there is viable opportunity to recover damages from the government, incidentally waiving your right to subrogation because of a technicality like notice is a major misstep.

Tracking of Deadlines is Key to Successful Subrogation from a Government Entity

Rathbone’s claims system provides special tracking of government entity claims to be able to track notice deadlines as well as the subsequent applicable statute of limitations. We are also adept at navigating the federal government’s requirements for wet ink signatures.

Having experienced counsel to provide guidance to these nuances is an essential component to a successful subrogation portfolio pursuing governmental entities. At Rathbone Group, we know all the potential pitfalls that could result in an otherwise valid claim being dismissed on procedural grounds. We continuously update our research in all 50 states and local jurisdictions, allowing us to remain aware of any changing laws regarding waiver of immunity, notice deadlines or requirements, and any applicable statute(s) of limitations.

Experienced Government Entity Subrogation: Any Defense, Any Jurisdiction

Once a subrogation claim against the government has survived on procedural grounds, the case proceeds like a subrogation case with the burden on the Plaintiff to prove the Defendant was negligent to the extent permitted under exceptions to sovereign immunity. Rathbone’s legal team’s diverse points of view and creative litigation strategies keep us poised to assist clients in holding government entities accountable in subrogation cases for tortious negligence.

Rathbone subrogation lawyers are well versed in the defenses the government may raise in a subrogation suit against them. From the outside the scope of employment doctrine and the independent contractor doctrine to the contributory and/or comparative negligence doctrines, our experienced, dedicated and knowledgeable attorneys know how to overcome such defenses with a toolkit of unique, innovative, and tried and true arguments.

Successfully bringing a subrogation claim against the government, like anything when the government is involved, is a difficult task filled with hidden risks and myriad potential pitfalls. Rathbone’s subrogation attorneys know those risks and recognize those problems and are well equipped to assist clients in the prosecution of such claims.

Contact Rathbone Group