Galanis, Pollack, Jacobs & Johnson, S.C. represents insurers, self-insureds, and policyholders in subrogation matters arising from property damage, motor vehicle accidents, and workplace injuries throughout Wisconsin. Our attorneys focus on recovering claim payments efficiently while navigating insurance law and subrogation procedures.
Subrogation allows an insurer or other payor to step into the shoes of its insured and pursue recovery from responsible third parties. Effective subrogation holds those parties accountable and can directly improve a client’s financial results and loss experience.
The following overview summarizes key concepts under Wisconsin law, followed by a more detailed discussion below.
Overview: Wisconsin Insurance Subrogation
In Wisconsin, subrogation arises through a combination of contractual rights under insurance policies, equitable principles, and, in certain contexts, statutory provisions. Subrogation allows insurers and other payors to recover amounts paid on claims by pursuing the parties legally responsible for the loss.
Subrogation claims commonly arise from property losses, motor vehicle accidents, and workplace injuries involving third parties. These claims are typically governed by the underlying legal theories that apply to the loss, such as negligence, product liability, or contract claims, and are subject to applicable statutes of limitation.
Early investigation and preservation of evidence are critical to a successful subrogation claim. Delays in identifying responsible parties, securing the loss site, or providing notice to interested parties can impair or eliminate recovery opportunities. Coordinated investigation, proper documentation, and timely legal action are essential to maximizing recovery.
Full-Cycle Subrogation Representation
Our attorneys are well versed in all aspects of subrogation and insurance law and are prepared to assist clients from the first notice of loss through trial. We help clients evaluate potential recovery, preserve evidence, coordinate experts, negotiate with responsible parties, and, when necessary, pursue litigation, mediation, or arbitration to obtain reimbursement.
By becoming involved early in the process, we can help shape the investigation and legal strategy that will support a strong subrogation claim and maximize recovery opportunities. Early involvement also helps ensure compliance with applicable statutes of limitation and preservation of critical evidence.
Fire Loss and Explosion Subrogation
The most important part of any fire or explosion investigation occurs immediately after the fire is extinguished. The loss site must be protected and preserved, the correct experts must be retained to investigate the origin and cause of the fire, and the proper parties must be notified of the loss and invited to inspect the scene.
Our attorneys assist insurers and policyholders with:
- Coordinating rapid response to secure and document the scene, including working with origin and cause experts, engineers, and forensic specialists, and ensuring evidence is preserved to avoid spoliation issues.
- Identifying potential responsible parties, such as product manufacturers, contractors, landlords, tenants, or utility providers, and ensuring they receive proper notice and an opportunity to inspect.
- Evaluating legal theories, including negligence, product liability, and contract claims, and pursuing recovery through negotiation or litigation when warranted.
By managing these steps carefully, we help protect subrogation interests and build strong cases for recovery in fire and explosion losses.
Water Loss Subrogation
From failed plumbing products to installation and service errors, water losses can be devastating and can quickly escalate in cost. Quick action should be taken to identify the cause of the leak and the reason for the damage, as well as to preserve the evidence that will support a subrogation claim.
We work with clients to:
- Retain appropriate experts to inspect the failed product or system, determine how and why it failed, and document evidence before repairs or disposal occur.
- Identify the parties responsible for the damages, including plumbers, contractors, property managers, manufacturers, and suppliers, and put them on notice.
- Pursue recovery of paid claims through demand, negotiation, and, when necessary, litigation in Wisconsin courts.
Proper early investigation often makes the difference between successful water loss subrogation and a closed file with no recovery.
Motor Vehicle Subrogation
Subrogation arising from motor vehicle accidents requires prompt and thorough investigation. Proper investigation of the accident, including review of police or accident reports, gathering of witness testimony, and retention of qualified accident reconstruction experts, can be decisive in securing a recovery.
Our attorneys assist insurers and self-insureds by:
- Reviewing law enforcement reports, photographs, and other documentation to evaluate liability and damages.
- Coordinating with reconstruction experts, medical professionals, and other specialists to support fault and causation analyses.
- Pursuing reimbursement from at-fault drivers, owners, and their insurers through negotiation, inter-company arbitration, or litigation.
We focus on obtaining the greatest recovery possible on automobile subrogation claims while managing costs and timelines.
Workers’ Compensation Subrogation
An employee’s exclusive remedy when injured on the job is typically to apply for workers’ compensation benefits. When a third party is responsible for the injury, however, Wisconsin law allows recovery against that third party while preserving the rights of the employer or insurer to reimbursement.
Workers’ compensation subrogation in Wisconsin is governed in significant part by statute, including Wis. Stat. § 102.29, and involves coordination between the injured employee, the employer or insurer, and any third-party recovery. Recoveries may be subject to statutory allocation among these parties, as well as attorney fee considerations.
These claims can be complex and require careful handling to protect reimbursement rights while complying with statutory requirements. Our attorneys help clients:
- Identify and evaluate potential third-party claims arising from workplace injuries.
- Coordinate workers’ compensation liens and reimbursement rights with settlements or judgments.
- Navigate procedural, notice, and allocation requirements to preserve and enforce subrogation rights.
We guide clients through the process of recovering workers’ compensation payments with the goal of maximizing net recovery while maintaining compliance with Wisconsin law.
Insurance Coverage, Bad Faith, and Regulatory Experience
Our firm has an accomplished record in dealing with issues in the insurance field, including coverage disputes and bad-faith claims. Coverage issues can directly affect subrogation rights, including whether recovery is available, how proceeds are allocated, and how competing claims are resolved.
We represent clients in complex coverage litigation, bad-faith litigation, mediation, and arbitration, and we help insurers and insureds understand and enforce their rights under insurance policies. We also advise on how coverage positions may impact subrogation strategy and recovery.
In addition, we have acted as lobbyists and advisors for insurance companies and insureds, advising them on critical insurance issues and developments in insurance regulation. As the insurance field continues to become more complex, experienced guidance can provide significant value in both coverage and recovery matters.
Work With Experienced Wisconsin Subrogation Counsel
Subrogation work requires early action, careful coordination of investigations, and a detailed understanding of insurance and liability law. Galanis, Pollack, Jacobs & Johnson, S.C. brings that experience to fire and explosion, water loss, motor vehicle, and workers’ compensation subrogation matters across Wisconsin.
If your insurance company, self-insured business, or risk management team needs assistance protecting and pursuing subrogation rights, contact Galanis, Pollack, Jacobs & Johnson, S.C. to speak with an experienced Wisconsin subrogation attorney about your claim.
