Subrogation attorneys Steven Alsip and Rebecca Wright gave a presentation called “Negative Inference Cases: Your Invisible Smoking Gun” at the National Association of Subrogation Professionals 2018 Subrogation Litigation: Skills and Management Conference. This session discussed strategies for subrogation attorneys to carry the burden of proof required to successfully litigate or otherwise settle a subrogation dispute in cases where the crucial evidence in a property damage claim has been destroyed or badly damaged.
Topics of Alsip’s presentation included the role of circumstantial evidence, specialized discovery, social media, and relevant statutory and lease provisions at play. He also discussed recent changes to the NFPA’s position on negative inference. The NFPA states that the negative body of data gathered from a fire investigation (read: what was absent in the subrogation inquiry) is valid evidence to argue a fire was incendiary. Alsip discusses how this opens new avenues for carriers pursuing recovery from a payout for property loss caused by fire.
Subrogation Attorneys Adept at Subrogating Fire Damage Claims
Rebecca Wright is a licensed attorney focused in subrogation law. She has been admitted to the Bar in KY, MS, OH, TN, TX, and WV, in addition to 5 federal district courts in those states. Wright is experienced in insurance subrogation, especially with regard to fire-related subrogation claims. She often speaks at NASP conferences, on the On Subrogation podcast, and several other forums, offering education on subrogation topics such as the Common Fund Doctrine, and effective approaches to the investigation phase of the subrogation process.
Alsip is also a subrogation attorney with Rathbone Group, licensed in KY, IN, OH, and the Northern District Federal Court of Indiana. He has more than a decade of experience serving as subrogation counsel for insurance companies looking to recover damages, often in cases of fire-related property damage claims. Steven frequently hosts On Subrogation, RG’s educational podcast on subrogation process and law. He speaks on topics such as the role of statutes of limitations in insurance subrogation and the Economic Loss Doctrine.
Negative Inference Cases & Creative Subrogation Strategy
Alsip and Wright’s NASP presentation sheds light on the role of negative inference in subrogation cases where important physical evidence is no longer available. They provide suggestions for alternate avenues to proving a tortfeasor liable for damages from a property damage claim involving fire. This type of creative approach to subrogation case management is an integral part of how our subrogation law firm navigates the process of achieving recovery even in complicated claims cases.
If you would like us to present this to your group, email us at [email protected]. To hear more from Rebecca and Steve about the complexities of subrogation insurance, you can listen to them on the “On Subrogation” podcast.