There is no tougher subrogation case than one involving a loss that occurs during ongoing construction of a building or facility. When the loss is large, armies of competing attorneys, contractors, experts, forensic consultants and insurance adjusters can be expected on the scene within days if not hours. Moreover, the insured is anxious to begin repairs so adjustment of the damages has to occur while a cause investigation is conducted at the same time.
Without proper handling, the probability is very high that evidence will be destroyed or simply taken, or the scene will be altered such that defenses are created for those responsible for the loss.
But even before an insurer commits money and resources to experts and a cause investigation, contract documents need to be quickly reviewed by experienced legal counsel to make sure a waiver of subrogation or similar impediment is not contained in the contracts. Attorney Gillis has almost twenty years of experience dealing with this very scenario.