Steven Alsip 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 win at trial (or reach a favorable settlement) in cases where the crucial evidence in a property damage claim has been destroyed or badly damaged. Topics included the role of circumstantial evidence, specialized discovery, social media, the relevant statutory and lease provisions at play, and recent changes to the NFPA’s position on negative inference.

Subrogation Attorneys Adept at Subrogating Fire Damage Claims

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 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 and Creative Subrogation Strategy

Alsip and Wright’s NASP presentation on the role of negative inference in subrogation cases where important physical evidence is no longer available sheds light on alternate avenues to proving a tortfeasor liable for damages. 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, please email us. To hear more from Rebecca and Steve about the complexities of subrogation insurance, you can listen to them on the “On Subrogation” podcast.