Subrogation is the legal substitution of one party for another party. It arises in connection with the payment of a loss by an insurer pursuant to its insurance policy, which generally permits the insurance company to then pursue a claim against the third party that caused the loss. The insurance carrier substitutes for its insured, and is then plaintiff in any ensuing litigation.
Upon notification, MAAA immediately and expeditiously investigates the loss and the recovery potential in order to ensure that all relevant parties, the circumstances of the loss and the potential claim are adequately identified. MAAA understands that a proper investigation at the inception of the loss will always serve to maximize our clients’ recovery, and therefore, MAAA takes a “hands-on” approach by coordinating and attending joint investigations to ensure that the loss scene, and evidence contained therein is sufficiently documented, inspected and preserved.
Because of MAAA’s diverse practice and experience, the attorneys of MAAA understand that subrogation claims present unique opportunities and challenges. Because the loss has already been investigated and paid by the insurer, there is already a practical presumption of credibility regarding the nature, extent, and value of the loss that is often absent in other types of plaintiff’s cases. However, representing an insurance carrier before a trial jury is sometimes not without its challenges, as potential juror bias must be fully examined and addressed. MAAA has had significant experience in addressing all practical aspects of such claims in order to ensure a full and fair recovery.