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Ensuring Captive Owners Aren’t Captive to Loss: Leveraging Subrogation

Increase control and your financial bottom line by outsourcing your subrogation recovery efforts to Rathbone Group, a law firm dedicated exclusively to insurance subrogation and advocating the right to reimbursement. Thorough investigations are completed by subrogation specialists well-versed in the subrogation laws and processes of each state, and Rathbone Group offers skilled subrogation services to captive insurance companies across the United States.

Captive insurance programs are designed to give organizations greater control over risk financing, but that control can be undermined when recoverable losses go unpursued or cases are managed inefficiently. A disciplined subrogation strategy ensures that captive owners are not left absorbing losses that should instead be recovered from tortfeasors.

The value of state-specific knowledge of insurance law cannot be understated when it comes to recovering losses through subrogation. Every jurisdiction approaches insurance disputes differently; the same subrogated matter may be handled dissimilarly between courts. Our efficient and creative approach to subrogation, coupled with our subrogation lawyers licensed in dozens of states and supported by highly-vetted network subrogation counsel, maximize your chance of recovery while minimizing your invested time, effort, and cost.

Pre-suit Efforts to Recover Subrogation Claims Save Money & Time

We make every effort to resolve subrogation claims before litigation through negotiation, mediation or arbitration; litigation is considered a last resort because resolving subrogation claims without litigation has many advantages, including:

  • A less contentious process
  • No discovery or depositions
  • Less demand on client time
  • A more truncated proceeding
  • Less time from placement to recovery
  • Lower costs

Early claims resolution also allows insurers and captive owners to improve financial predictability, reduce file handling and court costs, and avoid the uncertainty that comes with subrogation litigation. In many cases, well-supported pre-suit subrogation demands also incentivize quicker settlement from adverse carriers who are also seeking to avoid litigation expense.

Nationwide Litigation by Highly Vetted In-House & Network Subrogation Attorneys

Sometimes litigation is unavoidable. In those cases, Rathbone Group’s attorneys are adept at litigating subrogation cases strategically and effectively nationwide. Our subrogation lawyers understand the complexity of the insurance industry and excel at helping clients navigate difficult and/or complex subrogation claims. This includes identifying potential liable parties and taking a second look at subrogation claims to analyzing potential defenses and, ultimately, litigating claims to a successful resolution.

When litigation is required, our subrogation lawyers approach each file with a recovery-first strategy focused on maximizing net recovery rather than simply advancing a claim to judgment. This includes early liability assessment, evidence preservation and documentation, and evaluation of comparative fault exposure to ensure claims are pursued efficiently with strong, defensible demands.

Multiple Applicable Jurisdictions Make Subrogation Claims More Complicated

Some state courts are more amenable to the rights of carriers to recover losses via subrogation than others. Cases involving multiple jurisdictions pose additional problems, as they may involve conflicting state laws and regulations. These cross-jurisdictional claims often require coordinated legal strategy, particularly where subrogation laws differ between states.

Our law firm’s nationwide coverage and attorneys’ state-specific experience allows us to anticipate these conflicts early and structure recovery strategies that preserve and enhance reimbursement rights. Rathbone Group’s attention to detail provides us the ability to help captive insurance companies of any type and size maximize their subrogation potential regardless of the facts and/or amount of the claim.

Learn About Rathbone Group’s Practice Areas.

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