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Subrogation & Recovery

Butler’s Subrogation/Recovery Department handles complex property and casualty losses of all types. Our subrogation attorneys specialize in and devote their entire practice to Subrogation, working as true partners with our clients.

We are there from the beginning

A key feature of our practice is early involvement in the claim investigation. We make ourselves immediately available to our clients as their “first call” when they learn of a new claim, even before any determination of recovery potential. Our experience lets us accurately anticipate what our clients need at every step, making clients’ recovery job easier. That includes appropriate reporting on files and processing claims as our clients may require. But most importantly, it allows us to better manage the expenses that are invested in subrogation claims, so that resources are properly invested in claims with real recovery potential and not wasted in claims that do not have recovery potential. While we handle most cases on a contingency fee basis, we are always willing to consider alternative fee arrangements.

Gain from our experience

Our experience and singular focus gives us the opportunity to share what we’ve learned with our clients. Our Subrogation attorneys routinely speak to the national professional associations that have an interest in Subrogation.

These Include:

  • The National Association of Subrogation Professionals (NASP)
  • The Claims & Management Alliance (CLM)
  • Property & Liability Resource Bureau (PLRB)
  • The Defense Research Institute (DRI)
  • The Loss Executives Association (LEA)

Sharing our Knowledge

In addition, our clients frequently ask us to conduct in-house training sessions with front line adjusters and recovery personnel. We believe that sharing what we’ve learned is one of the best ways for us to serve as “partners” with our clients, and to cultivate mutual trust and respect.

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

Nov 04, 2020 | By Jessica Skarin

Join Partner Jessica Skarin and co-presenters Vivian Conley, Dustin Looser, and Annette Tarquinio as they present for the 2020 CLM Virtual Focus Conference.  This presentation…

Publications/ Whitepapers | Who Has Priority Over My Recovery? – An Overview of the Made Whole Doctrine

Oct 13, 2020 | By Jessica Skarin

This article was originally published in the Southern Loss Association (SLA) October 2020 Newsletter. Legal opinions may vary when based on subtle factual differences. All…

eALERTS, News | MWE Investments Recalls Westinghouse Portable Generators Due to Fire Hazard

Sep 18, 2020

This recall involves Westinghouse WGen5300DFv Dual Fuel Portable Generators and Westinghouse iGen4500DF Dual Fuel Inverter Portable Generators with manufacture dates from October 2019 through December…

Events, Webinars | Butler Presents COVID-19 Insurance Litigation Update / Forensic Investigation of Subrogation Claims During COVID-19

Oct 01, 2020 | By Aaron Jacobs, K. Clark Schirle

Join us as we feature 2 amazing CE Webinars back to back on October 1, 2020. I want to register for both presentations to earn…

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eALERTS, News | Royal Gourmet Recalls Deluxe Gas Grills Due to Fire Hazard; Sold Exclusively at Wayfair.com

Sep 11, 2020

This recall involves Royal Gourmet Patio 2-Burner deluxe gas grills. It has a porcelain cast iron firebox that houses two stainless steel burners. The grill’s…

Blog Posts | Amazon: Primed for Trouble?

Sep 04, 2020 | By Scott Hefner

Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties…

Podcasts | Subro Sense – The ABC’s of RCV and ACV

Sep 03, 2020 | By Aaron Jacobs

Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages included in the subrogation demand,…

eALERTS, News | Pier 1 Recalls Three-Wick Halloween Candles Due to Fire and Burn Hazards

Aug 20, 2020

This recall involves Pier 1 Imports’ three-wick Halloween candles in the scents ‘Scary Black Cherry’ and ‘Death by Chocolate.’ The candle’s high flames can ignite…

eALERTS, News | Intertex Recalls Blowers Due To Fire Hazard

Aug 13, 2020

This recall involves several models of centrifugal and axial blowers sold under the B-Air, BlueDri, BlueDri Pro and Soleaire brands.  Each blower has convenience outlets…

Blog Posts | Made Whole Doctrine Does Not Apply To Deductibles in New Jersey

Jul 23, 2020 | By Scott Katz

The Supreme Court of New Jersey recently held that the made whole doctrine does not apply to deductibles or self-insured retentions.  In City of Asbury…

Blog Posts | Arbitration: An Effective Means To An End During Covid-19

Jul 15, 2020 | By Thomas Burgess, Jr.

These critical times of isolation and social distancing have proved to be difficult on many areas of the economy. The legal industry is certainly no…

eALERTS, News | REPUBLIC WIRELESS RECALLS RELAY CHARGING CABLES DUE TO OVERHEATING AND BURN HAZARDS

Jun 22, 2020

This recall only applies to cables sold with some Relay devices and cables sold separately from May 2018 through May 2019.  Affected charging cables do not…

eALERTS, News | REXAIR RECALLS TO REPAIR RAINBOW SRX VACUUMS DUE TO FIRE AND BURN HAZARDS

Jun 22, 2020

This recall only covers the Rainbow SRX water-based filtration vacuum cleaner with model number RHCS19 Type 120 and a Serial Number that falls within the…

Blog Posts | IS AMAZON A SELLER? AN ISSUE PRIMED FOR STATE COURTS

Jun 19, 2020 | By Michael Wolfer

The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website. On January 7, 2020, the…

Blog Posts | The Made Whole Rule On The Forefront Of A Whole Lot Of Litigation

May 27, 2020 | By Aaron Jacobs

The Made Whole Rule and the handling of the insured’s deductible and uninsured losses alongside the subrogation claim remain ever-present topics of discussion amongst subrogation…

Videos | Butler’s Thursday Tips #6 | Made-Whole Rule

May 21, 2020 | By Aaron Jacobs

Join us for this week’s Thursday Tip as Partner Aaron Jacobs discusses the Made-Whole Rule in Subrogation law. #ButlerLegal #ThursdayTips #ThursdayThoughts

eALERTS, News | Garia Recalls Golf & Courtesy Electric Vehicles Due To Fire Hazard

May 18, 2020

This recall involves Garia model year 2010-2019 golf and courtesy battery-powered electric vehicles (BEV’s). The models involved are as follows: Golf, Golf 2+2, Courtesy 4…

eALERTS, News | Epson Recalls Power Adapters Sold With Epson Scanners Due To Burn And Fire Hazards

May 04, 2020

This recall involves the power adapter sold with Epson V-series (V30/V33/V37/V300/V330/V370) scanners. The recalled adapters are black with a power cord that connects to the…

Videos | Butler’s Thursday Tips #4 | Staying Organized

Apr 30, 2020

Attorney Shaheen Nouri offers some tips on staying on top of cases for First-Party Coverage and Extra-Contractual matters. Stay tuned to find out more helpful…

Podcasts | Subro Sense Podcast – Forensic Investigation Of Subrogation Claims During Covid-19

Apr 28, 2020 | By Aaron Jacobs

Like all other aspects of life, the forensic investigations of existing and new subrogation claims has been significantly impacted by the COVID-19 pandemic. Senior Mechanical…

Videos | Butler’s Thursday Tips #3 | Handling Business Loss Claims

Apr 23, 2020 | By Jessica Skarin

  Partner Jessica Skarin offers some tips on dealing with business loss claims for subrogation attorneys. Stay tuned to find out more helpful tips! #ButlerLegal #COVID19 #ThursdayTips #ThursdayThoughts

eALERTS, News | Stelpro Design Recalls Sonoma Wall Fan Heaters Due to Fire Hazard

Apr 06, 2020

This recall involves ASSO and ASSOS Sonoma wall fan heaters.  The heaters are white, with the Stelpro name on the front. Only heaters with version…

eALERTS, News | Hawthorne Hydroponics Recalls Grower’s Edge Vaporizers Due to Burn, Shock and Fire Hazard

Mar 20, 2020

This recall involves the Deluxe and Commercial models of the Grower’s Edge Vaporizer sold by Hawthorne Hydroponics LLC for use in hydroponic growing. The Deluxe…

eALERTS, News | American Honda Recall of Portable Generators Due to Fire and Burn Hazards

Mar 18, 2020

This recall involves Honda EB2200i, EU2200i, EU2200i Companion and EU2200i Camo portable generators. The recalled portable generators were sold with a red or Camo cover. The…

eALERTS, News | Lennox Industries Recalls Ductless Heat Pumps Due to Fire Hazard

Mar 02, 2020

This recall involves three models of Lennox Ductless Single-Zone or Multi-Zone heat pumps. The model and serial numbers can be found on the nameplate on…

eALERTS, News | Star Water Systems Recalls Sump Pumps Due to Fire Hazard

Feb 10, 2020

This recall involves pedestal sump pumps that are used in residential de-watering.  The sump pumps are sold under three brand names: Utilitech, Do It and…

Publications/ Whitepapers | The Top 100 Ways To Build A Winning Recovery Case: Effective Claims Management Of Subrogation Cases

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Six Critical Steps For Achieving A Successful Mediation

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Protective Orders- Not Everything Can Be Swept Under The Rug!

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Developing A Claim Of Successor Liability—A Practical Guide To Recovery When Your Primary Target Defendant Has No Seizable Assets

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | Unraveling The Complexities Of Contractual Disputes

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | When Businesses Compete Fiercely, Crossing Certain Boundaries May Give Rise To Tortious Interference Claims

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Railroad Subrogation And Third Party Recoveries—”Getting Back On Track”

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | Federal Tort Claims Act: Pursuing Uncle Sam’s Deep Pockets By Unlocking The Right Doors

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Undue Delay In Pursuing Subrogation May Result In Missing The Recovery Boat

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | United States’ Liability For Negligent Disaster Response Under The Federal Tort Claims Act

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | Big Daubert Hurdles In Fire & Explosion Litigation—Revisiting The Importance Of Testing An Expert’s Theories

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Significant Recovery Opportunities Where An Insured Breaches Its Reimbursement Policy Obligations For Advanced Deductible, Self-Insured

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Subrogating The Spill: What Are An Insurer’s Options For Recovering Claims Paid As A Result Of The Gulf Oil Spill?

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger at drauchwerger@butler.legal  or directly 312-462-9147

Publications/ Whitepapers | Mcs90 Endorsements Provide Significant Subrogation Recovery Opportunities

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

eALERTS, News | PCNA Recalls Power Banks Due To Fire and Burn Hazards

Jan 24, 2020

This recall involves the Spare Power Bank used to charge electronic devices.  They have a 10,000 mAh Grade A lithium-ion battery, LED indicator lights, and…

Blog Posts, Court Decisions | District of New Jersey Rejects Waiver of Subrogation in Residential Solar Contract

Jan 23, 2020 | By Michael Wolfer

New Jersey Manufacturers Insurance Group v. Vivint Solar, Inc., 2018 WL 1003745 (D.N.J. 2018) Recently, Judge Sheridan of the District of New Jersey rejected a…

Blog Posts, Court Decisions | Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

Jan 23, 2020 | By Geoffrey Waguespack

In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District Court for the Northern District…

Podcasts | Subro Sense Podcast with Aaron Jacobs

Jan 06, 2020 | By Aaron Jacobs

Thank you to everyone who has supported the Subro Sense podcast hosted by Aaron Jacobs. The podcast will return with a second season in 2020….

Blog Posts | And You are Not Done; The Future of Products Liability Claims Against Amazon Still Uncertain

Dec 18, 2019 | By Michael Wolfer

This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a…

eALERTS, News | Bass Pro Recalls Mr. Steak™ Gas Grills Due to Fire Hazard

Dec 12, 2019

The recall involves four and five burner models of MR. STEAK propane gas grills, models MS-4B-PG, SKU 2472264 and MS-5B-PG, SKU 2472265, that have both a…

Podcasts | Subro Sense Podcast – Considerations in Fixed Funds/Limited Pool Scenarios

Dec 11, 2019 | By Aaron Jacobs

Insurance subrogation professionals face unique hurdles when a tortfeasor’s liability insurance limit is insufficient to pay the entirety of the subrogation claim and claims asserted…

Subrogation & Recovery