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Insurance Subrogation

05 Sep 2017

Insurance Subrogation

Written by The Fein Print Category:

By: James E. Shepard and Richard T. Zimmerman

Our attorneys and support staff are engaged in a diverse cross-section of subrogation matters. We are equipped to review and consider the underlying circumstances which gave rise to your subrogation claim, make appropriate recommendations and proceed, as required, to maximize any recovery to which we reasonably believe you may be entitled.

Simply put, subrogation is the substitution of one for another, with respect to a legal right or claim. The purpose of subrogation is then to collect the payment of the debt or claim from the responsible party. The person giving up their legal rights or claims is the “subrogor” and the recipient, thereof, is the “subrogee”.

Subrogation issues often result from the coverages afforded through Commercial General Liability, Builder’s Risk, Commercial Automobile, Commercial Property, Inland Marine, Professional Liability, Standard Automobile and Worker’s Compensation Insurance policies.

The right of subrogation is usually covered in the “Transfer of the Rights of Recovery Against Others” provision in most of these insurance policies.

Subrogation claims often result from circumstances giving rise to complex issues, dependent upon a number of factors. This results in the clarification of claims that are the subject of subrogation, as well as adverse effects on any remaining claims that are not part of the subrogation claim. The recovery of monetary damages, in subrogation is subject to the apportionment of negligence, if any, from among the insured and any/every other party which negligently contributed to the event or series of events that resulted in the covered loss.

In the event you need assistance with a situation which involves an actual or potential subrogation claim, please contact our Managing Shareholder, James E. Shepard or of counsel attorney, Richard T. Zimmerman of our litigation practice group.

For more information please contact via email James E. Shepard or by phone at 973-538-4700 ext. 120.

Fein, Such, Kahn & Shepard, P.C. is general practice law firm of more than 50+ attorneys serving clients in New Jersey and New York. For over 25 years the firm has offered innovative solutions to businesses and individuals in the areas of asset protection business planning, civil litigation, creditor representation in the areas of foreclosure, bankruptcy and collections, elder law, family law, personal injury, tax, and trusts and estates. For more information, go to http://www.feinsuch.com

This Article does not constitute legal advice nor create an attorney-client relationship.

© Fein, Such, Kahn & Shepard, P.C., all rights reserved. Permission is granted to reproduce and redistribute this article so long as (i) the entire article, including all headings and the copyright notice are included in the reproduction, and (ii) no fee or other charge is imposed.

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