Subrogation without adult supervision

by Walter Olson on August 16, 2010

How litigious can insurance companies be when they find themselves in the plaintiff’s seat during the process known as subrogation? This litigious, per Patrick at Popehat.


1 Rick Underwood 08.16.10 at 2:03 pm

I tell my insurance law students to avoid getting stuck with the subro work when they get their first job at Big Law Firm. This is just one more reason for my advice. Prof. Underwood, UK Law

2 Joe 08.16.10 at 6:20 pm

Actually, I wouldn’t call that overlawyered so much as overinsured.

3 Believer in Freedom 08.16.10 at 8:14 pm

Why, Rick would you tell your students to avaoid subro work ? It may be the only honest work any of them ever perform in their legal careers

4 Invid 08.16.10 at 8:53 pm

I can say that subro work is a lot better than much of auto insurance defense work and claimants workers comp work.

5 Anonymous Attorney 08.17.10 at 2:06 pm

Who sits in the plaintiff’s chair when these things go to trial? Have there even been big verdicts? I remember running into the subro guys on occasion, and man did they seem desperate. They’d take pennies on the dollar, and tried to make up for it by volume.

6 Believer in Freedom 08.18.10 at 5:42 am

One tends to forget that an insurer has a fiduciary responsibility to its insureds. If, in case number two (re: Popehat), the damages had been more extensive and the insured had a significant deductible (perhaps $1000 or $2500) the insurer would be abdicating its responsibility to its insured by not pursuing. Certainly, any attorney with half a brain should understand that fact, and insurers have been sued by their insureds for failing to pursue subrogation

I’ve worked subro for for years, and yes we’ve received big verdicts, and no we won’t take pennies on the dollar except if the case has unraveled through discovery OR there are limits problems

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