Tag Archives: Subrogation

Texas Insurers Acting in Bad Faith During Subrogation

Insurance companies in Texas are one of the most litigious entities, filing lawsuits and making tort subrogation claims after paying policyholders for first-party property damage claims. Claims departments incentivize and promote the collection of subrogation amounts to make claims departments more profitable. It is amazing that the Texas "tort reform" advocates do not lobby to … Continue Reading

Insurance Policy Conditions (a/k/a/ Land Mines): Part 30 – Subrogation and Additional Insureds

I footnoted in last week’s post that this week’s post would address an insurer’s subrogation rights against an individual or entity listed as an additional insured in an insurance policy. An additional insured is a person or organization not automatically included as an insured under an insurance policy of another but for whom the named … Continue Reading

Subrogation Rights—Potential Danger Zone for Policyholder Coverage

Policyholders naturally want to get their property back to a pre-loss condition as soon as possible after a loss. One potential problem involves preserving evidence to protect an insurance company’s right to seek reimbursement against third parties causing the loss, which is called subrogation. One commercial policyholder failed to do so and lost its right … Continue Reading

Insurance Subrogation Challenges for Insurers and Policyholders

I will be speaking in an upcoming live web seminar entitled "Insurance Subrogation Challenges for Insurers and Policyholders" scheduled for Tuesday, November 16, 1:00pm-2:30pm EST. The scope of an insurer’s subrogation rights, generally a matter of state law, may be expanded or contracted depending on the language of the underlying policy. Understanding the interplay between … Continue Reading

The BP Oil Spill Causes an Epidemic of Claims

On Bloomberg, I gave a television interview regarding the legal and financial aspect of claims and lawsuits which are being generated as a result of the BP Oil Spill. Lost profit and business interruption claims and disputes are not novel to those of us with commercial first party insurance claims experience. Every Sunday, Michelle Claverol, in our … Continue Reading

Uninsured Loss Recovery for Policyholders and Subrogation Opportunities for Insurers: True Win/Win Claims Scenarios

Ever get a job assignment you wish went to anybody other than you? The First Party Claims Conference had one speaker drop out of a presentation, Subrogation Opportunities Do’s and Don’ts, for which Jean Niven of our firm was the co-panelist. I had not prepared materials for a presentation nor given a public speech on … Continue Reading

First Party Property Insurance Claims Conference Set

We will be participating in a brand new Property Insurance Claims Conference this fall. The inaugural First Party Claims Conference (FPCC) takes place October 26-27, 2009, at the Crowne Plaza Hotel in Warwick (Providence), Rhode Island. A series of presentations, panel discussions, and interactive seminars will address significant issues regarding first party claims.… Continue Reading

Policyholders Need to Obtain Independent Counsel Regarding Subrogation and Litigation Agreements

Property insurance policies usually contain cooperation clauses regarding subrogation rights. Subrogation occurs when an insurer pays a policyholder a loss for which a third party may be responsible. The insurer becomes interested in getting its money back from the responsible third party. Accordingly, most property insurance policies have a clause which reads similar to this: "The … Continue Reading