Commercial / Large Property Loss Subrogation

Munck Carter attorneys in Dallas offices have prosecuted large property subrogation matters across the country, and have a proven track record of successful recoveries under the most difficult of circumstances.  As a result, some of the most respected insurance carriers in the world entrust their large and most important subrogation cases to Munck Carter.  The attorneys at Munck Carter have a wide array of experience in various areas of the law regularly encountered in the practice of property subrogation, such as:

• Fires and Explosions
• Construction Litigation
• Industrial Equipment Failures
• Fire Spread Cases
• Building/Roof/Crane Collapses
• Geotechnical Failures and Storm Losses
• Product Liability Matters
• Alarm/Security Cases
• Industrial Accidents
• Mold Litigation
• Electrical, Mechanical and Sprinkler System Failures
• Human Factors/Warnings Cases

While the firm has been innovative in employing alternative, hybrid and traditional hourly fee arrangements, most subrogation clients prefer and refer cases based upon a contingency fee arrangement.   In such matters, there is no fee for our work on a file that does not produce a recovery.  Therefore, to maximize their recovery potential, many clients get us involved in a loss from its very inception - "before the embers get cold."  The Firm prides itself on its early investigation, evaluation and prosecution of subrogation claims, where our attorneys may assist with, among other things:

     1. Protecting the integrity of the loss site and relevant evidence;

     2. Retaining the proper experts and immediately dispatching them to the loss;

     3. Quickly identifying potential defendants and, when appropriate, notifying such parties of a loss or claim;

     4. Coordinating and/or attending loss site inspections by potential defendants;

     5. Identifying, handling and storing necessary evidence;

     6. Working with experts to ensure thorough analysis and proper evaluation of losses, and to exhaust and/or eliminate alternative theories;

     7. Protecting client privileges, including the confidentiality of "consulting experts" retained in anticipation of litigation; and

     8. Evaluating the subrogation potential and financial feasibility of pursuing subrogation for each loss, with a final written report for larger losses, analyzing the factual and legal issues involved.

Through such close work with the client, the insurance company further may try to avoid common problems, such as spoliating important evidence, memorializing "bad" statements that may be harmful to the pursuit of subrogation, generating weak expert reports, "first dollar out" disputes, and insured apathy.

Munck Carter innovative solutions and zealous approach taps the full subrogation potential for every one of its clients’ large property losses.   Our   clients have come to expect nothing less. 

James B. Hamilton
Peyton J Healey
Mark W. Moran