Subrogation
Robert Gilmartin, Partner
Clausen Miller P.C. attorneys are highly experienced in handling technical and complex cases, and consistently turn hard-hitting and innovative theories of subrogation/recovery into substantial rewards for our clients. Our experience includes litigation of complex losses throughout the world, including the U.S. (all 50 states and territories), Caribbean, Canada, Mexico, South America, Asia and Western Europe. We prosecute claims involving a wide array of losses, including, but not limited to, Admiralty, Aviation, Boilers, Chemical Spills, Collapse, Commercial Structures, Convention Facilities, Dams/Levees, Electrical, Explosions, Fires, Homes, Hotels, Maritime, Natural Disasters, Office Complexes, Pressure Vessels, Public Utilities, Rail, Structural, Transportation, Trucking and Water losses. Our attorneys have successfully litigated in many jurisdictions and obtained recoveries arguing innovative and novel theories for energy, electric and gas losses, industrial and commercial catastrophes, inland marine, product liability and premises liability claims. Our subrogation attorneys have achieved notable recoveries in a wide range of disasters, including, but not limited to: the Newell Rubbermaid fire (Farmington, MO), resulting in a $29 million jury verdict; the DiMare Citrus Packing Plant fire (Indio, CA); the First Interstate high-rise fire (Los Angeles, CA); the McCormick Place convention hall fire (Chicago, IL); the Milani Foods Warehouse explosion (Chicago, IL); the NAMCO chemical warehouse fire/explosion (Manchester, CT); the Witco Chemical Plant explosion (Petrolia, PA); the One Meridian Plaza high-rise fire (Philadelphia, PA); the University of Kentucky Administration Building fire (Lexington, KY); the Silver Lake Dam Collapse (Marquette, MI); the Occidental Chemical Taft Cogeneration turbine failure (Hahnville, LA); the flooding of the Boston Public Library (Boston, MA); and the Consolidated Edison Power Generating station fire (New York, NY). We were also the original subrogation counsel involved in the 1993 terrorist attack on the World Trade Centers. We have brought our creativity to toxic contamination matters, pursuing significant recoveries. We achieved recoveries in cases involving natural gas explosions, natural gas contamination, corrosive failures and over-pressurization. For commercial building losses, we apply quick analysis of the relationships and recovery potential. We achieve significant recoveries in losses involving collapse of commercial buildings, towers and storage vessels, and failures of roofs and foundations where liability losses are often controlled by complex and intricately worded agreements. We are often able to overcome defenses based on waivers of subrogation and damage limitations provisions, thus maximizing the recoveries to our clients. Many of our subrogation partners have successfully overcome limitations of liability and similar provisions in Rail, Inland Marine, Aviation, Transportation, Trucking and water loss cases. We are constantly pursuing these types of cases; and not only getting profitable results for our clients, but sometimes creating favorable law. Our attorneys and investigation team can be at the scene of a loss within hours, ensuring that vital evidence is preserved, witnesses are identified and a recovery case is developed early on. Our timely and thorough approach to investigation often leads to successful recovery without the necessity of filing suit. In multiple party losses, we routinely negotiate cooperation agreements, allowing clients to focus their efforts on the successful prosecution of claims. When possible, we help clients seek solutions outside the courtroom, through alternative dispute resolution, including arbitration and mediation. We regularly conduct seminars at industry conventions and in-house for our clients on numerous topics, including, among others, risk management; gathering, preserving and presentation of evidence; election and use of experts; theories of recovery; and other pertinent topics.
