This article was written with the assistance of AI and edited by Angela Sabarese.
Subrogation expert Ashton Kirsch, attorney and shareholder, Matthiesen, Wickert & Lehrer; and Kathy Chamberlain, director of casualty claims at COUNTRY Financial, discussed best practices for maximizing recovery on property and casualty fire claims through effective subrogation techniques during a recent CLM webinar, “We Didn’t Start the Fire! Tips and Tricks for Subrogating Fire Losses.”
Recognizing Subrogation Opportunities
The discussion focused primarily on recognizing subrogation opportunities, proper investigation protocols, evidence preservation, expert selection, and navigating the complexities of product liability claims related to fires. Both speakers emphasized that early action is critical, particularly with fire claims where scenes deteriorate quickly, and evidence can be lost.
"The vast majority of losses in subrogation where the money is being left on the table is [due to] the failure to recognize subrogation," noted Kirsch. "It's training your frontline first-party adjusters in subrogation to flag those files." He stressed that fire reports listing causes as "undetermined" don't automatically mean no subrogation potential exists.
Chamberlain reinforced this point from a carrier perspective: "Recognition is the number one hurdle we face from a company perspective. Our second biggest struggle is timely preservation of evidence." She outlined how her company uses multiple tactics to improve identification, including AI predictive modeling, specialized teams to review files, and tracking referral metrics at the adjuster level.
Retaining Subrogation Experts
Both experts highlighted the importance of retaining appropriate experts and experienced subrogation counsel early in the process. Chamberlain advised: "Bring them in early. That takes some burden off your subrogation team. It takes some burden off your adjuster team, and you're going to be paying them the same regardless of when you bring them in."
The presenters also discussed the importance of thorough documentation, proper evidence preservation protocols, and creative approaches to building recovery cases. They emphasized that successful subrogation requires thinking like plaintiff's counsel and developing viable theories of recovery, even when cases aren't "slam dunks."
To download a replay of the webinar, click here.