This article was written with the assistance of AI and edited by Angela Sabarese.
In a recent CLM webinar, titled, “Subrogation Showdown: Claims, Counsel, and Mediation at Work,” Cortney Helfrich, chief personnel officer at Wilbur Group; Maren Mooney, director of claims at TSIB; Ashton Kirsch, attorney and shareholder at Matthiesen, Wickert & Lehrer, S.C.; and Lee Mendelson, mediator at ADR Services, Inc., shared insights on navigating subrogation claims from initial incident through resolution.
A Claims Perspective
The discussion centered on the critical importance of immediate action and thorough preparation in subrogation cases. Mooney emphasized the claims investigation process, stressing that proper documentation and evidence preservation from the moment an incident occurs can determine case success. She outlined three essential steps: investigation, documentation, and preparation for legal action, using a fabricated case study involving an arc flash incident to demonstrate best practices.
A Litigation Perspective
Kirsch shifted focus to the litigation perspective, introducing what he calls the "four -ations of subrogation: identification, investigation, negotiation, and litigation." He highlighted a crucial industry problem: "Most of the money lost on subrogation cases is not lost because we failed to file a suit on time... It's lost because the claim wasn't identified in the first place." His presentation covered jurisdictional nuances, statute of limitations considerations, and the evolving landscape of product liability claims in autonomous vehicles.
Mediation Strategies
Mendelson concluded with mediation strategies, presenting the "-ations of dispute resolution" and emphasizing collaborative negotiation approaches. Notably, he advocated for working cooperatively with opposing parties, explaining: "You want the best negotiator…possible on the other side of the case because they will be able to help you resolve the case as well."
A unifying theme emerged around early preparation and collaboration. As Mooney succinctly stated: "A strong subrogation case does not start with your counsel in the courtroom; it starts from day one, the minute the incident happens." The webinar provided practical guidance for maximizing recovery while minimizing litigation risks through strategic case management.