Tips For Early Identification Of Subrogation And Potentially Liable Parties

Introduction

In order to determine whether or not subrogation is a viable option with respect to any loss, it is first necessary to consider the cause of the loss, followed closely by who is responsible for the loss.

In the instance of a fire caused entirely by the negligence of the Insured, there is no wrong-doer or tortfeasor to sue. For instance, where the Insured knocks over a candle that he or she lit or where the Insured leaves a pot of oil on a stove unattended causing a fire. The circumstances change if the Insured knocks over a candle that he or she did not light and did not know was lit or if the Insured leaves a pot of oil on a stove when all of the elements are in the off position. The question then becomes: How did the fire start and who is liable for the resulting fire damage?