Subrogation and Recovery
It doesn’t make sense to leave dollars lining the pockets of parties responsible for malicious or negligent mishap when it’s possible to recover on behalf of those they have harmed. At Manning & Kass, our Subrogation and Recovery Team, led by Jonathon D. Sayre, helps corporations and their CFOs and risk management teams, CPAs, governmental entities, insurance companies, independent claims adjustors, individuals, and self-insureds reclaim money they would otherwise forfeit.
Our team helps clients offset losses in subrogation litigation matters involving:
• automobile accidents;
• complex damages;
• construction defect;
• inadequate security;
• loss of business and/or productivity;
• multiple adverse parties and shared liability;
• natural disasters;
• significant and personal injury;
• property loss;
• professional malpractice;
• water leakage; and
• workers' compensation, among more.
Retaining an experienced team of attorneys quickly is important in insurance matters involving third-party actions and disputes. With proper counsel, eye witnesses can be identified and located, key evidence collected, and investigations completed—before memories, materials, and opportunities deteriorate.
Whether your company is facing an immediate loss, or maintaining preparedness for uncontrollable circumstances, our team can provide referrals to available forensic investigators and experts, as well as counsel and educate managers to create a special investigations action plan. We can also help reveal adverse parties’ hidden assets and review closed cases for unnoticed recovery options.
In addition, Manning & Kass is one of the few insurance defense firms in the State of California to have both an active workers’ compensation practice, as well as a department dedicated to proactively handling all types of subrogation matters. Subrogation deals with complex situations that stem from the issues which arise between workers’ compensation, auto liability, products liability and general third party liability matters. Further impacting the subrogation issues are unique legal issues such as Proposition 51, liens, credits and attorney’s fees. These areas require understanding unique to the subrogation arena.
While most firms may take a "wait and see" approach in this area of the law, our attorneys work closely with our client representatives in taking a proactive approach during the discovery phase of each case. However, we do so with an eye towards reaching a cost-effective resolution of the matter. We have been very successful in reaching settlement of matters through early negotiation by showing the culpable third party that it would be more prudent for them to pay before, rather than after, costly litigation.