Subrogation

The Firm acts as principle subrogation counsel and advisor to several prominent insurance carriers and has tailored customized subrogation recovery programs designed to identify subrogation potential early and to help shepherd the case through investigation and litigation to obtain maximum recovery. The Firm has achieved record recoveries in the property subrogation area and possesses what it believes to be the highest ratio of recovery to loss ever on the cases it has handled.

While we defend some of the largest subrogation actions against our client carriers, we also prosecute some of their largest subrogation recovery actions. Being on both sides of subrogation gives the Firm a perspective and capability that most lawyers who only prosecute do not have. Aside from that, the Firm never compromises when prosecuting unless there is good reason. Stopping the drive forward for full recovery simply in order to collect a quick contingent fee, is never a good reason to settle for less in this Firm.

The Firm acts as exclusive subrogation counsel in New York and New Jersey for two large, national P&C carriers, and have regularly obtained record recoveries as a percentage of the total loss sustained. Often recoveries have been 100% plus interest. Where necessary, we take our cases to trial and to verdict to get the proper recovery, despite the fact it means time, effort and hard work with no compensation until judgment.

  1. We possess a thorough understanding of the New York Courts, the juries, the judges and the reputations and methodologies of virtually every firm of any significance. All of this is essential to obtaining the best possible recoveries.

  2. We assist the claims team at the outset of the claim in a "no stone unturned" investigation, in which all evidence is secured, and the target parties and their carriers are identified and put on notice, evidence spoliation issues are avoided, and proper experts are retained and managed.

  3. We make sure that any and all potentially responsible parties are brought into the action. As our firm has a separate coverage unit, we are able to successfully advise on and litigate coverage issues should a target carrier deny coverage.

  4. We handle the discovery phase indeed all phases of the case aggressively and position the cases for trial as soon as possible.

  5. We treat and prepare the cases as if they will be tried-and we try them if the proper offer of settlement has not been made.

We are happy to assist carriers with improving subrogation results by tailoring programs to assist in the early identification of subrogation potential, to train property examiner and subrogation staff, and design litigation plans to optimize carrier recoveries.

The following is a list of recent significant subrogation recoveries for our clients:

  1. United National Insurance Company a/s/o 998 Westbury Inc. v. Westbury Laundromat, Inc., Supreme Ct., Nassau County, Index No. 07-014527. Action by building owner against tenant Laundromat for fire damage to building. Laundromat's carrier disclaimed coverage and judgment was confessed by Laundromat in the full amount of the loss plus interest in the amount of $595,000. A subsequent Section 3420 action was commenced against laundromat's carrier contesting the validity of the disclaimer in which the laundromat's carrier ultimately conceded coverage and paid the $595,000.

  2. Tower Insurance Company of New York a/s/o (remainder of caption subject to terms of confidentiality agreement). Full recovery of paid loss plus interest in the amount of $2.175 million following explosion and destruction of insured's building as a result of work being performed by defendants, third party and independent contractor.

  3. Virginia Surety Insurance Company a/s/o Kew Gardens Hills Apartment v. Sirius America Insurance Company, New York County Supreme Court, Index No. 113203. Action to recover in subrogation by insured's excess carrier for amounts paid by carrier in settlement of underlying personal injury action which should have been paid by primary carrier defendant. Recovery of $725,000 representing full value.

  4. Virginia Surety Insurance Company a/s/o East Drive Housing v. 2283 Third Avenue Associates, New York County Supreme Court, Index No. 106310/06. Subrogation action to recover substantial damage to building from neighboring construction project against property owner, GC, and subcontractors. Recovery of 100% plus interest in the amount of $1.5 million.

  5. Tower Insurance Company of New York a/s/o Golden Equities v. Whitestone Contracting, New York County Supreme, Index No. 4883/07. Subrogation action to recover for fire damage to building following contractor's negligent storage of painting materials resulting in trial verdict in favor of insurer in the amount of the full loss plus interest of $218,000.

  6. TICNY a/s/o Natalie Solymanzedeh v. Robert Murello, et al., New York County Supreme Court, Index No. 4883/07. Recovery of full loss plus interest in the sum of $550,000 from electrical contractor after fire burned down residence following service performed by it.

  7. Diamond State Insurance Company a/s/o Gentry Apartments v. Utica First Insurance Company, New York County Supreme Court, Index No. 104910/05. Full recovery plus interest in the sum of $5.5 million in roofing fire caused by contractor's negligence where default judgment was taken against contractor and later recovered from disclaiming carrier in Section 3420 action.