OVERVIEW

Many large companies self-insure part of the risks of doing business either through utilizing a self-insured retention (SIR) limit or a high deductible. Whether a company has a high deductible or an SIR limit, the company, like an insurance company, can pursue tortfeasors to recover the amount of money the company paid for a particular loss. Our dedicated subrogation lawyers, operating on a contingency basis and using their extensive experience pursuing subrogation claims against third-party tortfeasors, can work with you to develop a cost-effective recovery program.

Like subrogation claims, the success of a company’s pursuit of its SIR limit loss depends, initially, on a prompt investigation, which is the key to maximizing the company’s recovery. Working with a nationwide network of forensic experts, our lawyers promptly respond to accident sites and direct the investigation of losses resulting from a multitude of accident scenarios. For instance, our experienced lawyers frequently handle investigations of fire and water damage claims, maritime claims, machinery and equipment failure claims, cargo and transportation claims and construction defect claims. When investigating these claims, our lawyers remain aware of cost concerns associated with recovery efforts and, consequently, promptly investigate barriers to recovery – such as contractual waivers and damages limitations clauses – to eliminate cases that have little or no recovery potential in a timely and cost-effective manner.

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Representative Matters

  • Represented both an insurer and a major food manufacturer with a large self-insured retention limit, and secured a six-figure recovery, in a claim against an ingredient supplier alleging that contaminants in the supplier’s ingredient entered the food manufacturer’s finished product, which resulted in damage to the finished product and a business income loss.

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