Insurance Defense


Only a small percentage of accidental fires are undetermined in cause. This affords an excellent opportunity for an insurance company to obtain full or partial reimbursement of insurance proceeds paid through aggressive subrogation actions. Although all courts recognize the company’s legitimate equitable and contractual rights to seek subrogation, more and more, courts are attempting to frustrate our access to juries through procedural and legal barriers. Spoilation of evidence, the economic loss doctrine and restrictions on product liability prosecutions all serve to create frustrations for the subrogating insurer.

The experienced subrogation litigators at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) have developed and prosecuted successful subrogation actions. Whether the cause is electrical, mechanical, explosion, collapse, or fire spread issues, our attorneys have the background and resources to challenge responsible manufacturers on their own ground. The risk of dangerously defective products causing loss to the insurance industry should not be borne by the insurance company. The only way to affectively prevent this unintended assumption of risk is to aggressively pursue subrogation recoveries whenever possible. CMDA has a bank of qualified, certified, and nationally recognized experts who assists in pursing the most sophisticated manufacturing or design defect to a successful conclusion.

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