Ethics and Property Dmg Subrogation
Monday, June 30th, 2003 Property SubrogationWhat are the implications of advising the insured that the insurer is undertaking a subrogation investigation? Does this necessarily include protection of the insured’s interests with respect to its uninsured losses? If the insured requests that the insurer share information arising from the subrogation investigation, is the insurer required to accommodate this request? Is it in the best interests of the insurer to share such information, irrespective of any legal obligations to do so? If the investigation entails the preservation of physical evidence, who is responsible for ensuring that the evidence is properly identified, collected, and preserved: the insurer, the insured, forensic experts, the adjuster, counsel, or other interested parties? If the evidentiary artifacts are owned by a third party, what, if any, obligations exist on the part of the insurer or the insured to preserve such evidence?
