This article was written with the assistance of AI and edited by Angela Sabarese
A recent CLM webinar gathered a panel of insurance professionals and legal experts to discuss "Uncovering Hidden Third-Party Liability Opportunities." The panel, which included Mark Solomon, Matthiesen, Wickert & Lehrer, S.C.; Kelsey Ball, Acuity; Lovre Brajkovic, Nationwide Insurance Company; Krissy Mendoza, American Contractors Insurance Group, Inc; and Sherry Ruscher, MAS Solutions, covered fundamental legal principles of negligence and practical strategies for identifying subrogation opportunities across various liability scenarios, including auto accidents, medical malpractice, premises liability, products liability, and construction accidents.
Recognizing Opportunities
The experts emphasized the critical importance of early investigation and evidence preservation in successful subrogation cases. Key themes that emerged included the necessity of prompt action, thorough documentation, and strategic partnerships within the insurance ecosystem. The panelists emphasized that subrogation success depends heavily on recognizing opportunities at the earliest stages of a claim and conducting comprehensive investigations before evidence disappears or witnesses become unavailable.
"Subrogation results from the early recognition of potential subrogation opportunities. If another party may be at fault, it's important to note potential liability as potential subrogation opportunity," explained Ball, highlighting the foundational principle of the process.
Solomon reinforced this point, noting that "the investment, the time we put in from an initial investigation, which really starts at the field level, makes subrogation easier the earlier it can be recognized because we somehow end up or sometimes end up with evidence and witnesses that disappear."
The Importance of Effective Subrogation
Brajkovic provided broader context, stating that through effective subrogation practices, "every company does what they're supposed to do, it actually keeps premiums lower for the entire, for all of our customers."
The webinar served as a comprehensive guide for insurance professionals seeking to maximize recovery opportunities while protecting their insureds' interests through proper subrogation practices and third-party liability identification.