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Types of Subrogation
Fire Losses/Construction Defects
Fire losses and construction defects give rise to the potential for large loss subrogation recovery more often than any other commercial or personal lines claim event. A successful subrogation recovery effort following a fire or construction defect loss, as with most subrogation efforts, begins with early intervention. With these losses, however, early intervention is particularly important. By the nature of the loss, there will almost always be parties that disturb critical evidence at the scene. Whether it be moving a potentially defective clothes dryer from the point of origin, or throwing a light fixture in the dumpster, fire fighters, fire marshals, police, arson investigators, and a whole host of other public sector employees need to do their jobs, and often don’t consider insurance company subrogation efforts. Through early intervention at the scene by experts, lawyers or both, however, we can attempt to communicate with these officials, minimize the amount of evidence that is disturbed, and if the loss is large enough, even offer to assist with the investigation. The lawyers at Kramer Green Subro, along with our team of certified origin and cause experts around the country, are prepared to respond to fire losses at a moment’s notice, place potentially responsible parties on notice, and thereby maximize your recovery potential.
Floods
Water damage to the interior of a home or business is among the most costly of all insurance claims. From defective toilets and dishwashers to improperly installed sprinkler and piping systems, two things are certain: floods aren’t supposed to happen and there is often some third party responsible. While early intervention is always important, equally important are issues involving preservation of evidence, early notice to potentially responsible parties, and a definitive understanding of the law. Flood claims often involve an older product or materials failure. You must be intimately familiar with the statute of repose in the forum jurisdiction in order to act expeditiously, if necessary. The attorneys at Kramer Green Subro have handled flood claims from small kitchen leaks to major pipe failures. Let us help you.
Maritime and Marine Recovery
Maritime subrogation is unique in the law to be applied and the issues to be addressed. Knowledge of the appropriate law, both substantively and procedurally, is critical to successful maritime subrogation recoveries. The lawyers at Kramer Green Subro have handled maritime cases ranging from maintenance and cure lien subrogation, to multi-million dollar yacht accidents to allisions between cargo ships and bridges.
Jewelers’ Block Recovery
Recovery for losses paid under Jeweler’s Block policies can range from simple negligence actions to complex lack of security cases. The lawyers at Kramer Green Subro have handled Jewelers Block recoveries that have included pursuing national hotel chains for failing to provide adequate door locks to federal lawsuits against Bell South Telephone for its failure to provide and maintain special alarm circuitry leading to a multi-million dollar jewelry theft. Like most subrogation efforts, successful jewelers block recoveries occur with early investigation, coordination with local authorities and timely retention of top quality experts.
Workers’ Compensation Recovery
Workers’ compensation subrogation is extremely state specific. The decision whether to file a lien or pursue your own independent action to recover benefits paid will depend on a number of case specific, state specific, and business specific factors. The lawyers at Kramer Green Subro evaluate all of these factors for you and are prepared to handle your workers’ compensation recovery from the earliest pre-suit settlement discussions through filing your own independent action.
Health Lien Subrogation
Most health care recovery cases involve the recovery of medical bills paid to, or on behalf of, an injured party that has recovered some or all of their medical bills from third parties in tort actions. Usually, the medical bills have been paid by employer-sponsored health insurance policies. As such, most health care recovery cases require an intimate understanding of ERISA laws and how they interact with the tort laws of the forum state. The lawyers at Kramer Green Subro have been protecting and enforcing health care liens for health insurers and self-insured companies for over 25 years.
Contribution and Indemnity Recovery
Not all subrogation requires a determination of negligence or product failure. Through a complete analysis of all your insured’s relevant contracts, agreements, and operative insurance policies, recoveries can be made from other insurance carriers and contractually responsible parties. Most states also allow some form of recovery as between responsible parties. If you have paid a third party liability claim to protect your insured’s interest, you may be able to recover some or all of that payment from another responsible party.