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I’ve Heard It Both Ways: A Debate Regarding What Subrogation Practices Really Are “Best” Practices

Jessica Skarin

Partner | Subrogation & Recovery
469-857-7870
jskarin@butler.legal

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November 4, 2020

Partner Jessica Skarin and co-presenters Vivian Conley, Dustin Looser, and Annette Tarquinio presented for the 2020 CLM Virtual Focus Conference. Read a summary of the presentation below:

As subrogation professionals, we all work to engage in best practices.  Sometimes though there is a difference of opinion regarding what exactly those best practices should be.  As with most things in life, there is more than one way to skin a cat.  This presentation applied that mindset to the subrogation field and discusses issues upon which seasoned subrogation professionals themselves may disagree.  The panelists played devil’s advocate with each other as they discussed the following topics:

  1. Should you submit a demand for the RCV or ACV amount?
  2. Should you file a lawsuit in the name of the insured or the subrogating insurer?
  3. Should you allow indemnity language in the Release?
  4. Should you use approved vendor lists and/or negotiated flat fees with vendors?
  5. Should you notify the insured that you are filing the subrogation lawsuit?
  6. Should you include the deductible in the demand/lawsuit?
  7. Should you include independent adjusters on confidential communications?
  8. Should you have your expert write a written report prior to litigation?

No “right” answers will be presented.  Rather the panelists facilitated a discussion of the pros and cons for varying opinions in the context of varying claim scenarios.