Subrogation and Property Loss

Gallo Vitucci Klar LLP has broad experience prosecuting large loss subrogation claims, including claims arising from catastrophic building fires and explosions, water damage, water main breaks, mold, theft of property, construction defects, collapse, boiler equipment and machinery malfunctions, business interruption losses and first-property claims in New York and New Jersey. We represent insurers that recover losses assumed by claims against at-fault parties, insurance companies and self-insured businesses.

While Gallo Vitucci Klar actively pursues recovery on behalf of our clients, our subrogation team litigates issues such as:

• waivers of subrogation
• contributions from coinsurers
• actions against insureds who have been paid for fraudulent claims
• actions against brokers
• notice requirements of the Uniform Commercial Code
• relationship between actual cash value, replacement cost and market value
• recovery of deductibles and self-insured retention
• implied coinsured doctrine

We also handle issues regarding subrogating the insurer’s obligation to respond to requests to produce the insured’s documents, discovery of the insurer’s file, confidentiality of communications with the insured, validity of assignments of property damage claims, insurer’s liability for interest when subrogation claim is in excess of policy limits, recoverability of commercial loss (lost profit and goodwill), choice of law, and subrogating the insurer’s claim for punitive damages.