• John M. Moshonas
• William G. Neen
• T. Ryan Darby
• Daniel A. Shugarman
• Kim A. Wigmore
• John A. Vamplew
• Michael D. Silva

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OUR SUBROGATION GROUP

The focus of Whitelaw Twining’s Subrogation practice group is on achieving results for our clients. We do not accept the adage that “Because it’s a subrogated claim, the insurer should automatically accept 50 cents on the dollar”. Instead we bring a business minded approach to each subrogated claim to maximize the recovery based on the merits of the claim. We have handled subrogation claims for our clients since the firm’s inception over 30 years ago. We have developed procedures and strategies that allow us to move subrogated claims towards resolution both promptly and cost-effectively. We handle all manner of subrogated claim, and in particular have significant experience with claims that arise from fire losses, water losses, product defects and construction deficiencies. 

Some of our clients prefer that we handle subrogated claims on a contingency fee basis. This has proven to be an effective means by which insurers can control costs and minimize any risk that may exist when proceeding with subrogated claims. Some of our clients also prefer that we handle subrogated claims on a delegated authority basis. This can reduce the investment of time required by the claims examiner and again this has proven to be an effective way to minimize litigation costs. 

Our Services

The lawyers and paralegals of our Subrogation practice group assist clients with all aspects of the recovery process. Our involvement with a claim often begins as early as the date of loss and we can provide on-going support throughout the claims adjustment process.

In particular, our Subrogation team can:

• Coordinate the investigation and adjustment of a loss, with respect to both liability and damages issues, to ensure that all necessary steps are taken to maximize the subrogated recovery;
• At an early stage after a loss, assist in identifying, retaining and instructing appropriate expert witnesses;
• Where the insured has uninsured losses, assist both the inured and insurer in creating a “subrogation agreement” to address how to apportion settlement or judgment proceeds and how to apportion litigation expenses;
• Assist insurers with reviewing large volumes of claims files to identify claims that have potential for subrogated recovery;
• Provide an opinion to a client on the recovery prospects of a particular claim;
• Develop and implement a negotiation strategy for a successful subrogated recovery both prior to and after the commencement of litigation;
• Where necessary, commence and proceed with a subrogated action.