Subrogation & Recovery
Turning an indemnified loss into a properly evidenced and commercially considered recovery claim.
We advise insurers on subrogation rights and pursue recovery claims against parties responsible for an indemnified loss. The work begins with the legal basis of recovery, but also requires a practical assessment of proof, contractual restrictions, likely defences and the realistic value of proceedings. A sound claim connects the payment made with the damage caused and the responsibility alleged.
- Recovery assessment
- Evidence preservation
- Third-party liability
- Commercial prospects
Protecting the evidential foundation
The best opportunity to preserve a recovery case may arise before indemnity has been paid. We identify the documents, photographs, physical items and specialist findings needed to establish causation and responsibility. Repair or disposal of damaged property, missing contractual records and incomplete payment evidence are considered for their potential effect on the claim.
Testing entitlement and responsibility
We examine the insured’s rights, the basis and extent of the insurer’s payment and the cause of action available against the proposed defendant. The analysis addresses policy and payment documentation, relevant contracts, limitation, potential waivers and the causal connection between the conduct alleged and the loss. In claims involving several parties, contribution and allocation issues are considered before proceedings are framed.
Deciding how to pursue the claim
Our recommendations weigh the strength of the evidence, the recoverable amount, likely litigation costs and practical enforcement considerations. We identify weaknesses requiring further investigation and assess whether negotiation, proceedings or another course best serves the recovery objective. As the defence and expert evidence develop, the strategy and settlement position are reviewed against the commercial merits of continuing.