It should seem fundamental to attorneys and subrogation professionals that when a subrogation lawsuit is brought, the insured cannot be named as a defendant in the action. However, there are instances where the uninitiated defendant seeks to name the carrier’s insured as a third-party defendant to force the insured to become a party to the...

When evaluating the potential recovery for pursuing a subrogation action, insurance carriers must consider to what extent, if any, its insured negligently contributed to its injuries. Accounting for the insured’s potential liability is a significant part of the cost-benefit analysis for pursuing any subrogation claim.  But in certain circumstances, the carrier may be concerned that...

Undoubtedly, scene investigations are critical for subrogation recovery.  There are many things to handle and to consider with respect to scene investigations, including gathering needed evidence, avoiding spoliation, etc.   However, subrogation professionals should not forget that before it was a loss scene, it was someone’s home or place of business.  The relationship that the...

Oftentimes, in claims arising out of losses on construction projects, the insurer will need to undertake a detailed analysis as to whether a potentially responsible general contractor or subcontractor can be pursued for its negligent acts or omissions that resulted in the damages.  Contractors repeatedly raise defenses to claims by insurers by relying upon purported...