Subrogation Recovery

Our Subrogation Practice represents Insurance companies, Fortune 500 companies, Utilities and Institutions who are seeking to obtain monetary recovery for assets damaged by a third party.

Cases

• Represented foreign subsidiaries of Fortune 500 Company seeking damages resulting from fire to canning plant in Rio de Janiero, Brazil.  Also represented state owned insurance company to recover damages for product defect which caused the fire that was manufactured in Illinois.  First Subrogation recovery in South America on behalf of an insurance carrier.
• Trial verdict for $2.2 million on behalf of Fortune 500 client arising from crane accident at plant in South Milwaukee.
• $850,000. Settlement on behalf of St. Louis public utility arising from methane gas explosion.
• Represented Fortune 500 Company for damages resulting from an electrical explosion caused by contractor who struck underground electrical line.
• Represented University claiming damages caused by premature discharge of sprinkler head in new library building on campus.
• Insurer sued insured seeking an assignment to pursue subrogation rights which Insured had refused to give.  Trial Court found for the Insured.  Reversed on appeal, in favor of American Family.  American Family v. McGrath 2011 Ill. App.Unpub. LEXIS317.
• Established precedent in construction contract case which upheld AIA waiver of subrogation provisions against property insurers. Intergovernmental Risk Management On Behalf of Village of Bartlett v. O’Donnell, Wicklund, Pigozzi & Peterson Architects, Inc., 692 N.E.2d 739 (1st I11.App. 1998).
• Established precedent that voluntary undertaking theory of liability was inapplicable to alleged failure to procure adequate insurance. Furtak v. Moffett, 671 N.E.2d 827 (1st I11.App. 1996).
• Established precedent on behalf of building owner that construction contract could not exculpate subcontractor for willful and wanton misconduct. Third Swansea Properties, Inc. v. Ockerlund Const. Co., 354 N.E.2d 148 (1st I11. App. 1976).
• Established precedent for recovery against insurance company on basis of an enforceable oral adjustment of claim under property policy. Dan Hayes Boiler & Repair Co. v. Illinois Masonic Medical Center, 332 N.E.2d 463 (1st I11.App. 1975).
• Established legal standard for broker malpractice for failing to notify insurance company of a change in risk. Frangos v. U.S. Fidelity & Guaranty Co., 312 N.E.2d 688 (1st I11.App. 1974).
• Trial verdict for defendant in refinery fire which allegedly resulted in multi-million dollar loss.
• Represented building owner in defective construction claim. Georgetown Tp. High School Dist. No. 218 v. Hardy, 349 N.E.2d 88 (4th I11.App. 1976).
• Defended subrogation suit seeking $12 million in damages for explosion which destroyed office building, resulting in settlement for nuisance value.
• Represented insurance clients in subrogation cases in various courts nationally and within U.S. territories, recovering millions of dollars.
• Established precedent in $400,000.00 claim that economic loss doctrine prevents recovery against builder of plant where damage was restricted to plant itself. Mars, Inc. v. Heritage Builders of Effingham, Inc., 763 N.E.2d 428 (4th I11.App. 2002).