The National Association of Subrogation Professionals (NASP) published subrogation attorney Mark Demian’s article, “Tales from the Kids Table: Overcoming Impediments When Asserting Subrogation” in their Fall 2016 issue of The Subrogator.
The subrogation process is riddled with inherent challenges, one of which is working with the insureds’ counsel. How does the shadow-like nature of the insured-subrogee relationship affect the insurer’s rights in a subrogation lawsuit? And how can you effectively work with an insured’s counsel who may not be cooperative?
Because subrogation law is a niche within the already-niche insurance law, the subrogating carrier and their counsel are often misunderstood by the other parties in a case – judges, jurors, even their insured’s counsel. But an insurer’s right to recovering from a claim is just as important as the insured recovering from their loss; insurance companies should protect their interests by retaining a subrogation law firm that actively participates in litigation. Demian’s article recites the tale of an actual case, and the many challenges to subrogation recovery confronted from the beginning of the case, throughout the trial, and appeal.
Learn the details of Mark’s real-life case study on overcoming roadblocks to subrogation in this insightful article and garner some helpful subrogation tips in the process.