As every subrogation claim stands in the shoes of its insured, working closely with the insured is many times imperative to a successful recovery. However, many hurdles can be encountered along the way that can make recovery difficult, and in some instances, can kill your claim. This presentation will address the importance of working closely with the insured in all aspects of the loss. We will address the investigation, the demand, litigation, mediation, and trial. We will go through issues that can arise under the Made Whole Rule, the possible need for a joint prosecution agreement, working with the broker and risk manager, and the difficulties of moving forward with an uncooperative insured.

Presenters:  Matt Peaire – Butler Weihmuller Katz Craig & Rebecca Moseley – Farmers Insurance

Matthew W. Peaire’s practice has focused on both large, complex subrogation matters and cyber losses where he provides attorney managed, pre-breach risk assessments, post-breach incident response, and legal representation to companies who have been the victim of a data breach. Matt’s subrogation practice ranges from handling smaller personal lines losses to large commercial losses. He routinely handles subrogation and recovery cases throughout the United States for both insurers and self-insureds.

Rebecca Moseley a member of the leadership team of Farmers Insurance with its Commercial and Claims Operations.  Rebecca has overseen workflow teams, developed employee skill sets, defined performance assessment benchmarks and evaluated quality review data. Currently in Subrogation, Rebecca is involved with Large and Complex Claims; coordinating forensic investigations, defining and implementing recovery strategies and overseeing litigation of an extensive inventory of claim scenarios from across the United States.

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