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...
At one time or another, most subrogation professionals have struggled to track down an actual or alleged independent contractor involved with some scope of work relating to a loss. In some cases, we also find that defenses are being raised that someone was an independent contractor versus a direct employee. Often, we have to rely...