and the Mea
By Christina Bramlet
Evaluating claims for subrogation potential is a delicate business. successfully proving and quantifying damages in court is trickier still. as subrogation attorneys and claims adjusters will attest, doing so often requires a sizable investment in terms of both time and resources.
While the onus for the insurer and its chosen counsel are great,
the potential reward can be reclaiming millions of dollars. after the
cause and circumstances of a loss have been investigated and determined, the insurer’s counsel must take great care in vetting experts and appropriate technologies to succinctly relay the findings
to compel a fair judgment at trial.
the recent $3.4 million victory in U.S. Fire Insurance Company
v. Omnova Solutions Inc., a complex flood case that many had
deemed “unwinnable,” illustrates the importance of selecting the
right experts and technology to prove damages in court. in the article below, Peter G. Rossi, the subrogation attorney who secured
the unanimous verdict, discusses the broader implications for the
industry, acts of God, and the ‘200-year storm’ that wasn’t.
Before delving into the nuances of handling flood claims, let’s examine some case specifics and how Rossi and his team convinced a
jury of eight to rule in favor of their client, crum & Forster (u.s. Fire