Subrogation
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OVERVIEW
Members of our Subrogation Group combine in-depth knowledge of insurance with broad and varied advocacy experience that places us at the forefront of Toronto law firms. We litigate claims in contract, tort, and equity, and provide clients with professional and aggressive representation focused on timely and cost-effective subrogated recovery.
Working closely with insureds and professionals in the adjusting, engineering, construction, banking, environmental, technology, accounting, and management communities, we can formulate innovative strategies that utilize the skills and expertise required to achieve consistent success.
SERVICES
All-Lines Recovery Capability
The Subrogation Group has the experience, capability, and tenacity to pursue subrogated recovery arising out of a wide array of insurance coverages, including:
- First Party Property
- Casualty
- Crime and Fidelity
- Marine
- Guarantee and Surety
- Specialty Lines
The Subrogation Group also pursues rights of equitable subrogation against other insurers in the context of concurrent and overlapping coverage, as well as primary and excess relationships.
Comprehensive Service
We understand the value of time and money, and the importance of expeditious resolution. This requires early identification and analysis of potential subrogation targets, the effective collection of evidence, and the implementation and pursuit of appropriate recovery strategies. Our Subrogation Group provides the following services to ensure these goals are achieved:
- on-site and at-the-scene attendance, where appropriate, to preserve evidence and control investigation
- retention of and close collaboration with experts
- effective liaison with extra-provincial and international lawyers, and legal and regulatory authorities
- implementation and utilization of state-of-the-art technology
- cost-effective utilization of legal resources
- adoption of appropriate alternative dispute resolution options
Flexible Funding Arrangements
The Subrogation Group works together with our clients to develop and implement funding arrangements appropriate to the size and complexity of the case and the needs of the client. As well, members of our law firm’s Subrogation Group are skilled in the negotiation and drafting of joint-loss pursuit and pro rata recovery agreements.
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PUBLICATIONS
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NASP 2024 ANNUAL CONFERENCE
The conference will feature a distinguished slate of industry professionals who will provide their insight and expertise in the areas of Auto, General, Management, Product Liability, Property, Subro Fundamentals, and Workers’ Compensation.
Strategies for Proactively Advancing a Subrogated Claim
Subrogated claims require a distinct approach from defense cases; not only is the onus on the plaintiff to move the case forward, but it is also in their direct financial interest to do so. The faster a case can move along, the faster it can be settled or otherwise resolved. However, pushing a matter relentlessly through the typical litigation steps can miss important opportunities to potentially resolve a claim. Because of this, managing subrogation matters involves a tempered balance of aggressive pursuit of recovery and cooperation with counsel to make it easier for the defendants to settle.