Subrogation

Today, large property loss subrogation claims can be lost within the first few hours of loss notification by the failure to select the right expert, the failure to identify and notify the proper parties and the failure to retain evidence. Sophisticated defendants are always waiting to raise spoliation defenses and Daubert challenges to experts. Ulmer & Berne’s subrogation practice prides itself on its ability to become involved in losses as soon as they happen in order to guide the investigation and to preserve and develop the subrogation potential. Once we develop a case, we then aggressively prosecute it to expedite its resolution while maximizing the recovery. 

For more than 50 years, Ulmer & Berne has pursued subrogation claims in Ohio, Indiana, Kentucky, Michigan and Pennsylvania. Over the years, we have recovered millions of dollars in negligence and contract cases arising from fire and explosion losses, electrical outages, construction and roof defects, cargo losses, ammonia evacuation from freezers, sprinkler system failures, and product and machinery defects.

Once notified of a loss, with our three Ohio offices we can visit almost any regional loss site within hours. Before traveling to a loss site, we work with the client to retain the proper experts and work proactively to avoid Daubert-type challenges. In that regard, we have developed a database of experts for all types of situations so that we quickly identify and retain the right expert for the loss. Once we retain the right expert and get to the scene, Ulmer & Berne’s subrogation attorneys are highly experienced in working with those experts to identify and place on notice all proper parties. 

Once on site, there’s no standing around. We put on our boots, hard hats and coveralls and work side-by-side with the experts to provide advice relating to the identification and securing of relevant information and evidence to avoid the now ubiquitous spoliation defense.

Once claims have been identified, our attorneys will aggressively pursue the claims to expedite the resolution. With more than 100 litigation attorneys Firm-wide, we devote all of the necessary resources to your case. While we have extensive experience in handling multi-million dollar losses (our largest jury verdict was $23 million), we pride ourselves on the aggressive handling of much smaller claims, since we realize that these claims are the lifeblood of an insurance company’s recovery department.
 

Attorneys
Alexander M. Andrews
Marvin L. Karp
Lawrence D. Pollack

 

Clients

 

Representative Experience

Obtained a twenty-three million dollar verdict involving a defective circuit breaker that destroyed a $10 million generator and caused $13 million in other related damages.

Obtained a multi-million dollar judgment involving an explosion caused by the improper mixture of sawdust with explosive paint waste.

Obtained a multi-million dollar settlement following several days of trial relating to a defective inert gas fire prevention system involving an auto parts manufacturing plant. The system was intended to smother any fire with an inert gas. But, the system design failed to contain the gas and prevent oxygen from entering.

Obtained a seven-figure settlement involving a compressed natural gas bus that exploded while refueling. The claim involved an allegedly defective thermal release device that was designed to vent the gas in case of a fire. But, the device was susceptible to damage by the repeated freezing and thawing such that it released gas during refueling. The case was complicated because the gas release occurred in a building that was designed to prevent such explosions.

Obtained a seven-figure settlement involving an ammonia spill in a frozen food warehouse.

Obtained a seven-figure settlement involving the failure of a transformer at an electrical generation facility.

Obtained $540,000 judgment involving a fire caused by a defectively remanufactured hydraulic shear. During operation, a partially stripped plug in the master hydraulic cylinder was blown out which caused hot hydraulic oil to be sprayed each time the shear cycled which immediately turned into a flame thrower.

Obtained substantial six-figure settlement during trial involving an allegedly defectively manufactured a 36" prestressed concrete cylindrical pipe that was in service for more than 30 years before it failed. When the pipe failed, water and concrete chunks were launched more than four stories into the air and into an office building. It was claimed that a manufacturing defect made the pipe more susceptible to corrosion.

Numerous six-figure settlements involving a variety of claims including:

  • Fires involving flammable metals including magnesium and titanium;
  • Fires caused by welders and cutters;
  • Numerous defective roof and/or defective installation of roofing claims;
  • Numerous claims involving defectively designed or installed fire suppression systems;
  • Numerous claims involving building collapses and/or structural failures;
  • Claims involving storage rack collapses and damage to warehouse goods;
  • Claims for water damage involving improper installations of plumbing systems;
  • Fires cause my improper electrical installations;
  • Damages cause by railroad car collisions.

 

Related Practice Areas

Litigation
Fire Litigation
Product Liability

 

Case Studies

 

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