Subro 101
The three things you need before your file even thinks about subro: liability, damages, and ______.
What is coverage/collectability (i.e., someone/something to recover from)?
In large‑loss subro, this expert is usually first on scene to preserve cause evidence before cleanup begins.
Who is a fire origin and cause investigator?
This doctrine says your insured cannot recover if they were primarily responsible for causing the loss.
What is comparative or contributory negligence?
The demand package MVP that prevents “We never got your docs”: a clean ______ page.
What is a cover letter / index (with attachments listed)?
Classic defense line: “Your insured was partially at fault.” Your response: “Great — please propose a ______.”
What is a comparative fault percentage (allocation)?
This is the “receipt” that proves you actually paid benefits and have something to recover.
What is proof of payment (payments log/ledger + itemization)?
This expert helps connect code violations, design defects, or installation errors to the loss.
Who is a forensic engineer?
Defense argues your insured waived subro rights in a lease, contract, or vendor agreement — this is a ______ defense.
What is a waiver of subrogation defense?
The “subro math” you should show clearly: total paid minus deductible plus recoverable fees equals ______.
What is the demand amount?
Defense: “Your charges are too high.” You counter with: invoice, estimate, and ______ support.
What is market rate / prevailing rate support (or comparable estimates)?
Two flavors of subro that show up all the time: contractual (policy language) and ______ (fairness-based).
What is equitable subrogation?
The fastest way to blow an otherwise solid expert opinion: failing to establish a proper ______ of custody for evidence.
What is chain of custody?
When the defendant claims the loss was caused by a natural event so extreme that no human foresight could prevent it.
What is an Act of God defense?
This helps prove damages are tied to the loss: before photos, after photos, and ______ photos.
What are repair-progress / point-of-impact photos (documentation across time)?
Defense: “No proof of payment.” You attach the ledger and ______ (EOB/payment detail).
What is an itemized payment breakdown (EOB, transaction detail, checks/ACH proof)?
The moment that makes your subro timeline real: the date of ______ often drives notice, deadlines, and the narrative.
What is the loss (date of loss / occurrence)?
Defense experts love this phrase when attacking your expert: “The opinion is speculative and not based on ______ certainty.”
What is reasonable engineering / scientific certainty?
This doctrine limits recovery when the defendant and insured are considered part of the same insured risk.
What is the anti‑subrogation rule?
The easiest way to lose credibility: sending a demand without explaining why your estimate is ______ than theirs.
What is higher (or different) — and failing to justify line items / labor / OEM / procedures?
Defense: “We never received your demand.” You respond with the most beautiful words: “See attached ______.”
What is proof of delivery (email thread, certified mail, portal upload confirmation)?
This “first move” letter puts the other side on notice, asks them to preserve evidence, and sets the tone (politely… or not).
What is a subrogation notice / demand / preservation letter?
The subro nightmare scenario: your expert destroys key evidence before the defense can inspect, leading to this doctrine.
What is spoliation?
Defense claims your expert conclusions are unreliable because the methodology fails this standard used in many courts.
What is the Daubert (or Frye, depending on jurisdiction) standard?
The pro move: include a one‑paragraph “if you disagree, send X by Friday” — this is a ______ deadline.
What is a response deadline (clear ask + timeline)?
Defense: “We deny liability.” Your calm reply: “Understood — please provide the factual basis and all supporting ______.”
What is evidence (photos, statements, video, diagrams, report references)?