Subrogation Best Practices for Claims Adjusters and Counsel

A recent CLM webinar provided insurance professionals with a comprehensive roadmap for handling subrogation from the claims stage through litigation and mediation. Featuring insights from industry veterans across claims, legal, and mediation roles, the session offered clear, practical strategies that adjusters can implement immediately.

Maren Mooney, director of claims at TSIB, underscored that the foundation of successful subrogation begins at the scene of the incident. She advised adjusters to prioritize evidence collection and documentation early, using a fictional arc flash case to illustrate the consequences of missed opportunities. Her structured approach—investigation, documentation, and legal prep—serves as a reliable framework for claims teams.

Ashton Kirsch of Matthiesen, Wickert & Lehrer, S.C., provided a legal lens, framing the process around four pillars: identification, investigation, negotiation, and litigation. He warned that many subrogation recoveries are lost not due to procedural deadlines, but because the claims are never flagged for subrogation in the first place. His remarks are particularly relevant for adjusters working with emerging risks such as product failures in autonomous vehicle cases.

Mediator Lee Mendelson emphasized the power of cooperation during dispute resolution, urging professionals to view mediation not as a confrontation but as a joint problem-solving effort. His advice to welcome strong negotiators on both sides reinforces the value of professionalism and preparation.

For claims adjusters, this webinar reaffirms the importance of initiating subrogation strategy at the claims stage and maintaining communication across teams to boost recovery rates. It also highlights the growing complexity of subrogation amid changing technologies and legal standards, demanding a more proactive and coordinated approach.