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Property Subrogation

Our litigation firm handles property subrogation cases in the Western United States:

Our commercial litigation law firm is licensed to practice law in California and Arizona.  We are able to petition to appear pro have vici in states such as Washington, Oregon, Colorado, and Utah.  As such, we are a regional subrogation law firm able to seek recovery for property losses occurring across the Southwest and Pacific Rim.

Common types of insurance subrogation cases that result in property losses to carriers:

  • Electrical malfunctions that cause fire and other damage to property
  • Trucking accidents on commercial property
  • Airplane or helicopter accidents that occur on commercial or residential property
  • Mechanical failures resulting in significant property damage
  • Fires the destroy all or part of a residential or commercial property
  • Floods that cause property damages
  • Structural failures resulting in insurance losses
  • Powerline failures and defects
  • Defective products that cause property damages
  • Inadequate warning cases
  • Roof collapse causing serious injuries and damages
  • Geotechnical failures
  • Heavy equipment accidents
  • Damages caused by things that are “out of compliance” or “not up to code”
  • Explosions or blasting that causes residential or commercial property damage
  • Defective sprinkler system or sprinkler system failures
  • Defectively manufactured products that cause damage (strict products liability cases)
  • Defective industrial equipment
  • Fire and flood loss leading to loss of inventory
  • Stigma damages to real property (generally not recoverable in California)

These are some of the general types of property damage issues that can arise in any subrogation case.  There are many other types of issues that can arise in property loss subrogation cases.

Property subrogation process

Our goal is to help insurance carriers recover for their insurance claims losses.  In residential homeowner and commercial property claims, we can get involved as your subrogation counsel at any stage, from initial date of loss, to the point where the carrier has closed their file and assumed the loss is not recoverable.

In every case we are cognizant of the need to:

1.  Conduct an immediate investigation;

2.  Preserve all relevant evidence;

3.  Put all potential defendants on notice of the claim (to prevent spoilation issues that can defeat a good subrogation case in its tracks);

4.  Hiring qualified inspectors and experts to help identify the origin of the loss, cause of the loss and identify potential damages, legal theories, and potential defendants;

5.  Work hard to negotiate a fair and reasonable settlement without incurring litigation fees.

We work hard in every case and seek to find an avenue to recovery whether it is a large loss fire loss or small water loss claim.  An insurance company is entitled to seek its damages from the real tortfeasor and the party at fault.  We are extremely organized and know the experts to hire to turn your loss into a recovery, if it is possible.  This is our general litigation process.

Why you company should consider using our firm for your insurance subrogation cases:

1.  Four all insurance carriers, we are able to serve as on-call counsel to your firm.  What this means is if you have a legal question, we are able to look into your issues “on the spot” and give you guidance in the cases you want to keep in house.  Our goal is to help you identify as many opportunities as possible to recover from the liable party for your losses.  There is no charge for our on-call subro counsel service for our insurance clients who have retained us.  This means you have access to legal counsel to help you make the tough calls BEFORE critical decisions are made.

2.  We are willing to serve as subro counsel to review what we refer to as “second look subro” cases.  What this means is if your company is about to close the file, or even if you are working with another subrogation firm, we are willing to offer a second opinion on your subrogation case before you either (a) close your file, or (b) accept a settlement.  Again, our goal is to help insurance carriers obtain the highest settlement possible and we are willing to give unbiased opinions as to the value of your case, and any potential deficiencies we see in the case.  As the old say goes “two heads are better than one.”

Sometimes, even if your firm has a regional insurance subrogation firm, they will make decisions on the file that you might question.  You might wish you had a backup litigation firm to review the subrogation case to see if there are dollars being left on the table.  We are happy to review the case and let you know our opinion.

3.  We can handle the large loss case, but also we are willing to review the $50,000 and under cases that are typically handled in house by insurance carriers.  The one problem is that carrier clients have is they try to handle these cases internally because they do not want to pay expensive and exorbitant legal fees to settle what they believe to be relatively simple cases.  However, in doing so, critical steps can be missed ruining or diminishing the chance to prevail at trial because evidence was not identified or preserved, or the proper notice of claim was never sent to all potential defendants.  In this case an insurance carrier runs the risk of being “penny wise and pound foolish.”  We can help you with the smaller claims (that can often turn into bigger claims than expected) and we welcome the opportunity to quote your business.  Please fill out the contact form below to discuss our flexible contingency fee solutions for insurance subro cases.

In short, we care about your bottom line and we are willing to fight for you to help make the carrier whole where insurance claims losses are caused by third party tortfeasors.  We have the experience you need to turn you small and large cases into recovery checks.  We fight for every last dime you are entitled to, whether in pre-litigation settlement negotiations, or in the course and scope of litigation in state or federal court.

More information

For more information about our Property Recovery Insurance Subrogation practice contact us at (877) 276-5084 or fill out the contact form below.  We look forward to representing your interests.

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