Identifying and Preserving Property Subrogation Interests

Agenda

Overview of Subrogation

• Definition of Subrogation
• Policy Provisions

Investigating Causation

• Preserving the Loss Location
• Retaining a Consultant
• Notice to Adverse Parties
• Spoliation

Considerations for Specific Loss Types

• Fire Losses
• Water Losses
• Gas Explosions
• Public Entities
• Catastrophic Losses

Rights of the Insured

• Made Whole Doctrine
• Recovering the Insured's Deductible
• Representing the Carrier and the Insured

Subrogation Waivers

• Tenants as Additional Insureds
• Commercial Policy Additional Insureds
• Contribution and Indemnity Actions

Recoverable Damages

• Replacement Cost Value vs. Actual Cost Value
• Code Upgrades
• Personal Property

Relationship Building

• What Claim Representatives Look for in a Subrogation Attorney
• Resources for Attorneys

Credits

Faculty

Raymond F. Walton, CPCU

Catlin

• Member of the Catlin US corporate claims team serving as the property claims manger responsible for Catlin’s US property claims administration and national catastrophe operations
• In this role he is accountable for developing and implementing property claims strategies, catastrophe response planning, vendor management, regulatory compliance and the resolution of complex and high severity property claims and litigation
• A diversified insurance professional with an extensive educational background that includes advanced technical claims training and hands on experience in claims and underwriting
• Has more than 25 years of property and casualty insurance claims experience with specialized expertise managing multi-lines claims, high volume catastrophe operations and claims litigation
• An active member of many industry professional organizations
• Has made formal presentations to legislative committees, worked closely with regulatory authorities, lectured at several industry conferences and instructed numerous claims continuing education courses
• Degree in administration of justice, diploma in risk management and insurance, and is a chartered property casualty underwriter

Linda Wendell -Hsu

Selman Breitman LLP

• Managing partner of Selman Breitman LLP's San Francisco office
• Concentrates in insurance coverage and insurance bad faith litigation, including subrogation claims
• Handles all first and third-party insurance coverage issues and litigates both declaratory relief and bad faith actions
• Achieved the highest rating with the Martindal-Hubelle Law Directory
• J.D. degree, University of San Diego School of Law; graduate in economics and a minor in political science, San Diego State University