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Subrogation is Like Picking a Puppy: The Best Claims Don’t Always Jump on You and Lick Your Face

November 5, 2020

Subrogation potential is not always the eager puppy of the litter who runs to you and jumps into your arms, covering you with an excess of salivary interest. Sometimes, the best subrogation claims are like the runt who hangs back, feigning indifference and sniffing a flower as competing files clamor for your attention. Partner Jason Lowe and co-presenters James Busenlener (Matthiesen, Wickert & Lehrer, S.C.), Michael Jonescu (Enstar Group (U.S.)), and Marcus Reath (McLarens Global Claims Services) presented for the 2020 CLM Focus.

In this session, the presenters discussed hard-to-identify subrogation claims that are often ignored until too late. Examples included contribution actions against other insurers, equitable subrogation, and claims against independent agents or certification professionals whose actions create a coverage obligation that would not otherwise exist.