The pressure on underwriting returns means paid property claims are no longer treated as “dead money”. Many insurers are looking at recoveries as a genuine source of income.
To maximise recovery income, the decision to pursue subrogation needs to be made quickly and with the right tools. That’s why insurers need lawyers who think like plaintiffs, know the boundaries, protocols and pressures of an insurance company, and look at both sides of the claim equation.
This is particularly important with Commercial Property claims, which are typically in lower value and don’t always involve multiple parties. These claims can be active property losses with time critical factors, or close-to-finished indemnity adjustments. The issues must be quickly identified, and the recovery efficiently resolved.
Major Loss, multi-party recoveries with factually or forensically complicated issues have the added spectre of reputational importance and regularly call for active engagement of co-insurers and the wider market.
Lane Cove Tunnel collapse
Advised on the successful $28 million subrogated recovery arising from the collapse of the Lane Cove Tunnel, with a significant damages award at trial against one party and settlements with others.
Advised on a successful mediated outcome, in four sets of multi-million dollar subrogated proceedings arising from a fire at Moore Park Super City, with a significant recovery result.
Viaduct Basin (NZ) helicopter incident
Successful recovery for hull and consequential losses after an insured helicopter was erecting a 25m tall Christmas tree when ground staff pulled a line into the path of the rotor causing the helicopter to disintegrate mid-air.
Multiple related proceedings
Advised on a complex subrogated recovery proceedings following destruction of an industrial rehouse, while defending 18 related proceedings.