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Subrogation Rights

"The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy..." Wisconsin Constitution Article 1, Section 5

Insurance companies do not ordinarily think of themselves as plaintiffs. A carrier's subrogation rights can exist under common law, equity, contract, or statute. No matter its origin, a carrier's right of subrogation and its ability to recover a loss, large or small, is a fundamental right of the insurance industry. A successful subrogation program can often mean the difference between profit and loss.

Mohr & Anderson lawyers have represented more than 150 insurance companies, self-insured entities, third party adjusting companies, and government entities in connection with subrogation related litigation. This includes recovery efforts in the areas of personal lines insurance, worker's compensation, fire, group health, casualty, fidelity and surety bonds, uninsured motorist, inland and ocean marine, ERISA, long shore and harbor worker's compensation, aviation, hospital liens, group health and disability, conversion claims, med pay, mistaken payment of benefits, recovery of premiums, and other areas.

Mohr & Anderson aggressively pursues subrogation rights which have traditionally been neglected and under utilized. Implementing an aggressive and successful subrogation program remains an insurance carrier's biggest challenge. Lacking the historical respect given to other areas of the insurance industry, aggressive subrogation has become an indispensable function of carriers interested in making every effort to maximize profit. Through aggressive subrogation training programs and the investment of subrogation resources, insurance companies are no longer backing down when it comes to recovering what is rightfully theirs. Hiring a full service insurance firm like Mohr & Anderson to implement an innovative recovery program and aggressively pursue and recover every possible subrogation dollar is a necessary step toward this end. In effect, failure to recognize third party liability and take advantage of all subrogation opportunities is tantamount to paying a claim twice. Subrogation must be recognized as a profit center worthy of the investment of time and resources.

Use of staff counsel or defense firms in subrogation cases may result in a harboring of their natural defense perspectives when asked to evaluate or identify third party liability. Prompt recognition of and action on subrogation potential are absolute prerequisites to securing a 100% recovery of your claim dollars. Mohr & Anderson quickly and efficiently helps you gather the investigation necessary to secure your right to recovery in those critical days following a significant loss or claim. Our Subrogation lawyers average 20 years of trial experience each. Compare that with the experience of some of the lawyers that firms currently handling your subrogation matters assign your files to. You will see that subrogation experience makes all the difference in the world.

From automobile losses to fire and casualty to catastrophic inland marine transportation claims, Mohr & Anderson takes the action necessary to preserve your subrogation interests and aggressively recover your claim dollars.

Statutory law and court decisions in this area can be somewhat confusing. We help you to understand the issues and recover your UM/UIM dollars as quickly as possible. Mohr & Anderson's lawyers have also been instrumental in shaping the laws which affect a carrier's right to subrogate against a UM/UIM policy.

When a work related injury results in a claim, every state has a different set of priorities and rules regarding your right to recover these dollars. Prompt action is necessary to guarantee maximum recovery. Our network of local counsel allows us to act as a clearinghouse for subrogation claims across the country.

Transportation law can be complicated and confusing. Mohr & Anderson specialized in navigating the mine field of modern transportation law and defeating limitations wherever possible.

When an insurance company makes a mistake of tact in paying a claim, it has valuable recovery rights which it should avail itself of. Prompt action is necessary in order to avoid bars and limitations to such recoveries. We aggressively pursue and recover overpayments, claims paid by mistake, as well as premiums due from insureds.

In addition to counseling group health providers and plan administrators on plan and policy language, Mohr & Anderson expertly puts to work favorable plan subrogation language and federal law under ERISA, where applicable, to maximize your recovery of medical and disability benefits at an absolute minimal cost. We represent several such group carriers and plan providers on a nation-wide basis.


Most insurance companies don't realize when they have lost subrogation dollars. When such recovery opportunities are lost, it is usually because third party liability is not timely recognized or is not recognized at all. These monies are lost forever and you may never even know it.

As a full service insurance law firm, Mohr & Anderson will offer, free of charge, a review of and opinions on subrogation potential and the chances of recovering in a particular case. This will give the subrogation representative or claims handler an opportunity to decide whether to pursue the claim, or whether subrogating would amount to "throwing good money after bad."

Mohr & Anderson believes that immediate investigation, especially in catastrophic losses, is essential to an effective subrogation program. Mohr & Anderson will conduct an investigation of subrogation potential whenever there is a serious injury or catastrophic property loss, even in instances in which it appears that there is no visible source of recovery. It is paramount that this investigation is initiated while memories are fresh, witnesses are available, and the evidence has not been destroyed or tampered with. Our expansive collection of expert witnesses covers the nation and allows us to get the best quality professionals involved early, and at the right price.

Mohr & Anderson maintains local counsel in almost every state in the country, and serves as an exclusive clearinghouse for dozens of insurance clients nationwide. Evaluating subrogation, coordinating with local counsel, and seeing to it that subrogation efforts in foreign states are conducted economically are only a few of the benefits of utilizing Mohr & Anderson for your subrogation needs across the country.

Mohr & Anderson is available for providing subrogation and insurance related seminars to insurance clients as needed. In addition, we have a great deal of experience in designing and implementing subrogation programs on a company wide basis or from office to office.

Mohr & Anderson will also make lawyers available to review your files in your office to determine whether files have subrogation potential. Reviewing either electronic files or hard copies of files, Mohr & Anderson will search for subrogation potential and make recommendations on files where further investigation or subrogation activity is needed. These services are offered free of charge to our clients.

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