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 subrogation topics since 1984, when I was still with Paul Butler representing insurers. While the novel issues concerning my presentation on The Science of Roof Damage Claims excited me, the truth is that claim issues of subrogation can be tedious for all adjusters. It is often an overlooked area of claims handling-especially from the policyholder’s perspective.
Subrogation
First Party Property Insurance Claims Conference Set
By Chip Merlin on
Posted in Commercial Insurance Claims, Insurance
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.…
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Policyholders Need to Obtain Independent Counsel Regarding Subrogation and Litigation Agreements
By Chip Merlin on
Posted in Insurance
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 insured shall cooperate with the Company and, upon the Company’s request, assist in…the conduct of suits….; and the insured shall attend hearings and trials and assist in the securing and giving evidence and obtaining the attendance of witnesses."…