The Importance of Retaining Subrogation Counsel Skilled in Property Damage Claims

Because navigating a complex property issue can be a daunting task, property insurers require an experienced subrogation legal team to maximize chances of recovery. Often, property subrogation cases involve multiple liable parties who disagree and seek to shift blame. 

Many pitfalls can surprise a subrogating litigant preparing and trying property cases. Thorough and strategic legal services prevent subrogating carriers from being taken by surprise in a property subrogation case.

Thorough Investigations & Exhausting All Avenues to Settlement

Rathbone Group’s Subrogation Property Team harnesses our diverse skillset to guide insurers through the full process of addressing a property file, from investigation and legal analysis to final settlement or litigation. We probe scientific expert testimony, interview and evaluate witnesses, determine fault, and bring parties together to inspect evidence and resolve claims. 

A particular difficulty in property subrogation is the involvement of more than 2 or even 3 or 4 parties. For instance, in a tree-fall subrogation case, there may be your insured, your insured’s neighbor, their insurer, the local jurisdiction (if the tree was on or fell on city property), etc. These cases can become contentious, and a legal team who can overcome these obstacles is key for insurers who want to maximize recovery potential on their property claims.

Our subrogation team takes a cost-conscious approach to resolving subrogation claims for property damage via pre-suit settlements, mediation or arbitration whenever possible. Creative, direct approaches to negotiation has potential to result in recovery without having to go to the trial stage. This can save our clients significant costs in capital and time, as litigation can be expensive and lengthy.

Rathbone Group’s Extensive Experience in the Subrogation of Property Claims

Our wide-ranging property subrogation experience includes:

  • Residential real property
  • Commercial real property
  • High-value personal property
  • Commercial combined property
  • Machinery breakdown
  • Maritime property
  • Builder risk  

We have significant experience in a wide variety of property loss contexts, including:

Rathbone Group’s subrogation property team handles complex legal issues associated with subrogating property damage claims that include:

  • Statute of limitations/repose defenses
  • Choice of law or venue
  • Spoliation
  • The Sutton Rule
  • Economic loss doctrine

Talented Resources, Far-Reaching Experience in Property Subrogation

Our Subrogation Property Team has broad experience working with insurers, self-insureds, and third-party administrators. We subrogate property damage claims cases in state and federal courts across the country. Although every insurance subrogation file is unique, Rathbone Group’s licensed attorneys and subrogation professionals have a deep working knowledge of the myriad jurisdictional variances and legal issues confronting our clients.  

Creative Solutions for Maximizing Client Recovery in Property Damage Claims

Rathbone Group employs creative approaches to efficiently recover damages on property claims at all balances, from large loss to small dollar. Our skilled subrogation attorneys efficiently develop liability theories and evaluate all potential avenues of recovery. Collaborating efforts between attorneys, legal support, and negotiation specialists allows our clients to make educated and cost-effective determinations about pursuing responsible third parties for subrogation recovery.

Achieving Recovery of Lower-Balance Files through Cost-Efficient Subrogation Services

Law firms focused solely on property damage often reject insurance property files under $100,000.00. Why? Because they do not understand how to efficiently recoup losses sustained by lower-balance files. Rathbone Group’s Subrogation Property Team knows there is recovery potential on even low-balance files. Recovery can come at any point in subrogation litigation, sometimes before it begins. 

We fully evaluate all subrogation property cases when weighing the costs of litigation against the potential for recovery. Though litigation expenses may outweigh potential recovery at trial, that doesn’t mean the file should be closed. Rathbone Group’s Subrogation Property Team knows how to work the file to draw out offers that strike a balance between potential costs and actual dollars received. The bottom line is that our team is focused not on the trial, but on your recovery.

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