INVESTIGATION AND SUBROGATION OF LARGE FIRE LOSSES
INVESTIGATION ANDSUBROGATION OFLARGE FIRE LOSSESPresented By:Christopher M. MillerMatthiesen, Wickert & Lehrer, S.C.GoToWebinar Attendee Interface1. Viewer Window2. Control Panel2INVESTIGATION ANDSUBROGATION OFLARGE FIRE LOSSESPresented By:Christopher M. MillerMatthiesen, Wickert & Lehrer, S.C.1
PROPERTY ANDCASUALTY INSURANCE¾ Property Insurance– Personal Insurance Covers Personal Property And Health Home, Auto, Other Personal Insurance– Commercial Insurance Covers Buildings And Structures – Real Property Covers Personal Property Of Business And Others– Casualty Insurance4PROPERTY AND CASUALTYDAMAGES¾ Building (Real Property)––––Repair CostReplacement CostActual Cash ValueFair Market Value¾ Contents (Personal Property)¾ Additional Living Expenses¾ Loss of Rents/Loss of Use/Business Income5SUBROGATION GENERALLY¾ Elements of Subrogation¾ Origins of Subrogation¾ Types of Subrogation– Contractual (Conventional) Subrogation– Equitable (Legal) Subrogation– Statutory Subrogation¾ Purpose of Subrogation¾ Anti‐Subrogation Arguments62
TYPICAL SUBROGATION CLAUSE“If we pay a claim under your policy, wewill take over your right to recover thatamount from any other person ororganization You agree to cooperate withorganization.us and not do anything that will interferewith our chances of recovery.”7RECOGNIZING SUBROGATION¾¾¾¾Requires Training And ExperienceMust Put On Plaintiff’s HatUnderstanding Of Tort LawawPrompt Recognition And Action Required8SUBROGATION INVESTIGATION¾ Why Investigate?¾ How To Investigate?¾ When To Investigate?¾ Investigation E id/A id SpoliationS li iRecognize SubrogationIdentify Key Players, Targets, WitnessesCoverage Issues (Arson, Exclusions, Etc.)Determine DamagesNotice IssuesEliminate Alternate Causes Of Loss93
WHY INVESTIGATE¾¾¾¾¾¾¾¾First Chance At EvidenceIdentify And Retain EvidenceCatch Witnesses When Memories Are FreshLock Witnesses Into Positions And TestimonyIdentify Roadblocks (Indemnity, Waiver, Etc.) EarlyEssentially Walk‐through Of Your Subrogation LawsuitIdentify All Possible Third PartiesPrevent Insurance Fraud ‐ 20 Billion Per Year10LARGE LOSS PROPERTYSUBROGATION¾Immediate Response by Expert‐ C & O, Engineer, Surveyor, etc.¾Obtain All Reports, i.e., Fire and Police.¾Talk to Fire Marshall or Police Investigator¾Obtain Names of All Potential Witnesses¾Obtain All Contracts¾Consider Private Investigator¾Goals of Defense– (1) Alternate Cause and (2) Spoliation.11PRODUCTLIABILITY¾Design Defect¾ Manufacturing Defect¾ Marketing Defect¾ Identify And Preserve Product¾ Chain Of Custody124
PRODUCT LIABILITY(CONT.)¾ Manufacturing Defect: When the product bends,breaks, fails, leaks, ignites, explodes or does somethingdifferent than as designed.¾ Design Defect: Product does conform to its plans andspecifications, but design itself renders productunreasonably dangerous.¾ Marketing Defect: Seller fails to warn of productdangers or provide instructions for safe use of theproduct.13PRODUCT LIABILITYINVESTIGATION¾¾¾¾¾¾¾¾Design Defect, Manufacturing Defect/ WarningImmediately Engage ExpertObtain/Secure Product & PackagingDetailed Statement of OperatorWho manufactured? Where purchased?Modifications? Repairs? Maintenance?Operator’s/Service ManualEconomic Loss Doctrine14155
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SELECTING AND HIRING EXPERTS¾ When To Hire Expert?¾ Choosing An Expert¾ Cause vs. Origin¾ Electrical/Mechanical/Chemical/Civil Engineer¾ Accident Reconstruction/Human Factors¾ Expert Databases/Referral Companies¾ Being An Expert In Choosing An Expert¾ Budget And Cost‐effectiveness19EXPERT WITNESS ISSUES¾ Selecting an Expert– Lexus v. Hyundai– Breadth of Training & Experience– Will Expert’sExpert s Opinions Hold up in Court?¾ Reports– Expert’s File Discoverable– No Preliminary Reports– Only When Ordered by Court20FIRE ANDEXPLOSION CASES¾ Investigation Is Key¾ Cause And Origin – Investigation Protocol– NFPA 921¾¾¾¾¾¾First Origin, Then CauseFire Spread CasesFire Response LiabilitySprinkler Systems/Burglar And Fire AlarmsEliminate Other CausesLimitation Of Liability217
ELECTRICAL FIRES¾ Electrical Engineer¾ Electrical Wiring¾ Electrical Equipment And Appliances¾ Site Examination Protocol¾ Identify Electrical Contractor/Builder¾ Evidence Of “Unusual Electrical Activity”¾ Notice And Preservation Of Evidence¾ Identifying Defendants/Third Parties22OBSTACLES TO PROPERTYSUBROGATION¾ Made Whole Doctrine¾ Economic Loss Doctrine¾ Statute of Limitations¾ Statute of Repose¾ Governmental Liability¾ Subrogation Waiver/Exculpatory Clause¾ Landlord/Tenant Implied Coinsured¾ Insured Cooperation23SPOLIATION¾Definition: “The intentional destruction,mutilation, alteration, or concealment ofevidence.” Black’s Law Dictionary¾Effect: Undermines the “truthtruth‐seekingseeking”function of the judicial system.248
EVIDENCE PRESERVATIONAND SPOLIATION¾¾¾¾¾¾¾Preserve the Scene.Notice To ALL Potentially Interested PartiesSchedule a Joint InspectionPreserve the Key EvidenceEstablish a ProtocolChain of CustodySpoliation— Dismissal— Adverse Inference25PRACTICAL TIPS AND SUMMARY¾¾¾¾¾¾Subrogation Is An InvestmentTake Investigation SeriouslyTag Large Losses For Additional InvestigationStrive To Be Cost‐EffectiveCost EffectiveWho Else Owns This Loss?Think Subrogation26INVESTIGATION AND SUBROGATIONOF LARGE FIRE LOSSESChristopher M. MillerMatthiesen, Wickert & Lehrer, S.C.(800) w.com* Nationwide Subrogation* Low Hourly/Contingent Fees279
25 PRACTICAL TIPS AND SUMMARY ¾Subrogation Is An Investment ¾Take Investigation Seriously ¾Tag Large Losses For Additional Investigation ¾Strive To Be Cost‐Effective ¾Who Else Owns This Loss? ¾Think Subrogation 26 INVESTIGATION AND SUBROGATION OF LARGE FIRE LOSSES Christopher M. Miller
Jun 16, 2016 · is a certified recovery professional by the National Association of Subrogation Professionals – a designation . merges content and information from a users Google account and the users web search results. Google also contains a “hangout” service which allows free video . f. Snapchat: A mobile image messaging application that allows .
The Sutton Rule _ is derived from an Oklahoma Court of Appeals decision styled Sutton v. Jondahl, 532 P.2d 478 (Okla. App. 1975) and is the benchmark against which the landlord/tenant subrogation laws of most states are measured. It is the modern
Black’s Law Dictionary, 8th Edition 2004, defines subrogation as “[t]he substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor.” Through the process of subrogation, the
DNV has a long history of providing incident investigation services and . 2. Need for incident investigation 3. Investigation process 4. Investigation assessment – selected results 5. Findings of investigation - recommendations and expectations 6. Comments from GenCat 7. Concluding remarks
INVESTIGATION PROCESS Proper training and a clear understanding of roles and responsibilities is essential to the investigation process. All employees and people that will be involved in an incident investigation should be aware of what their role is in the process and how to perform their assigned responsibilities during an investigation process.
Science investigation (Open ended investigation) Scientific investigation is a holistic approach to learning science through practical work (Woolnough, 1991). ―The aim of science investigation is to provide students opportunities to use concepts and cognitive processes and skills to solve problems‖ (Gott & Duggan, 1996, p. 26).
Existing technologies repertoire Potential for industrialisation RHINO AND GRASSHOPPER TUTORIALS weeks 1 - 2 weeks 3 - 7 weeks 8 - 12 weeks 13 - 14 INVESTIGATION 01 Plant-based materials INVESTIGATION 02 Earth-based materials INVESTIGATION 03 Digital fabrication techniques INVESTIGATION 04 Historical references INVESTIGATION 05 Contemporary .
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