This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2014. © Copyright 2014 by NASP. All rights reserved. Republished by Butler with permission from NASP.
Successful subrogation recoveries generally start with proper documentation and preservation of the relevant evidence. For this reason, every effort should be made to involve a subrogation professional at the earliest possible moment following a loss. However, early involvement is not always plausible. Additionally, at times, the circumstances surrounding the loss simply do not allow for the desired preservation of evidence. When the relevant evidence is not sufficiently documented or preserved, a claim for recovery is likely to be met with a spoliation defense.
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