Conducting subrogation investigations is a balancing act.  The need to move quickly to accommodate mitigation and repairs is balanced against the need for a proper and thorough investigation to ensure subrogation rights are preserved.  Retaining experts and consultants, identifying potential interested parties and adverse parties, sending notices, and accommodating schedules of all those involved takes...

As part of Fire Prevention Week (October 7-13), it is timely to reflect on NFPA’s video on the Great Chicago Fire of 1879.  The link to the video can be found here.  While many lessons have been learned in fire prevention, fire spread, insurance coverage, and subrogation recovery since 1879, there are still many challenges...

Establishing the cause of a fire through the process of elimination has been a hot topic in recent years, both among subrogation professionals as well as inside the National Fire Protection Association (NFPA).  In 2011, NFPA explicitly rejected negative corpus as a reliable methodology in fire investigation.  Specifically, NFPA 921-18.6.5 (2011) provided: Inappropriate Use of...

Following up on our report of July 9, 2010, Cozen O’Connor has learned that the National Fire Protection Association (NFPA) has issued tentative interim amendments to three of its standards, banning the use of antifreeze in sprinkler systems in new construction of residences and in the dwelling unit portions of other occupancies.  As previously reported by...