Berger Kahn has a substantial and active Subrogation Team that draws on the firm's experience in litigation and insurance coverage to maximize recovery for its clients. Our lawyers use their knowledge and imagination to find the best legal theories applicable to subrogation and contribution cases, often theories which are not commonly used in this context. This approach, coupled with excellent litigation skills, has provided substantial benefit to our clients.

Subrogation

Subrogation cases come in many different types, including products liability, construction defect, cargo loss, fire damage, landslide and many others. The firm’s lawyers have experience in all of these types of cases and others. For example, our attorneys have obtained sizable recoveries for clients in construction defect cases after the clients made payments for earthquake and water damage. Products liability cases have involved the small, such as damage caused by a leaking water pipe, to the large, such as explosions in cogeneration plants and copper smelter operations. We have obtained recoveries for clients who have paid losses for damage to homes and businesses arising from large Southern California brush fires. The firm also has excellent knowledge of the unique rules that apply to cargo cases, knowledge that has allowed us to determine early the chances of recovery and to obtain that recovery quickly.

Berger Kahn is knowledgeable in the use of inverse condemnation when pursuing claims against governmental entities, and others such as private power companies, for recovery. The firm’s lawyers have been involved in massive landslide cases where they used inverse condemnation theories to obtain recovery from governmental entities whose actions contributed to those landslides. Inverse condemnation has also been used when broken water or sewer pipes have caused property damage. Among the benefits of using this theory are the lack of a requirement that negligence be proved and the right to recover attorney's fees, which increases our clients' net recovery.

In the higher profiles cases, the firm is available to become involved in subrogation cases from the onset of damage. We have found that involving Berger Kahn’s lawyers early allows us to put together the best possible subrogation case while the evidence is still fresh and available. Retaining the right experts and allowing them to conduct forensic investigation before clean up begins, as well as taking early statements from witnesses with an eye towards litigation, are two actions that will greatly enhance the chances for a successful subrogation recovery. Nevertheless, Berger Kahn’s lawyers have also been successful in obtaining excellent recoveries when they were retained much later in the process.

Contribution

The firm also represents insurance companies in actions seeking contribution in connection with property and liability insurance policy obligations. Our lawyers have successfully obtained contribution for defense costs and settlements paid in environmental cases, construction defect cases and other large litigation. For example, the firm’s lawyers have been retained by a real estate developer's insurer in construction defect cases to pursue contribution from subcontractors in order to put together an adequate settlement package and to recoup defense costs which it paid. Berger Kahn’s lawyers have also pursued contribution after its clients defended and settled environmental cases involving both personal injury and property damage claims. After a company defended, at great expense, a large series of consolidated cases alleging wrongful acts by mortuaries, the firm’s lawyers successfully pursued another insurer who had similar obligations but failed to contribute to those costs.

Berger Kahn’s lawyers have also obtained recoveries for excess insurers who have been compelled to pay portions of judgments when the primary insurer failed to accept reasonable settlement offers within the primary policy limits.

In seeking contribution, as well as in pursuing subrogation matters, the firm's extensive experience in first and third party insurance coverage has been of great value. Knowing how to respond to the common assertions that the claim is not covered has been a tremendous benefit to our clients.

A Final Word

Berger Kahn understands insurance companies and their needs. This gives the firm the ability to work closely with our insurance clients to pursue their interests aggressively while being sensitive to their role in the industry. Our experience, knowledge, imagination and aggressiveness allow us to provide the best possible representation to our clients on subrogation and contribution matters.