Subrogation claim recovery for an insurer
Acting for an insurer to recover amounts it paid out from the party responsible for a loss.
What is included
- Reviews the policy wording and the claim or loss file
- Gives a written opinion on coverage, priority or contribution
- Identifies other insurers or third parties who may share responsibility
- Pursues recovery through negotiation, arbitration or a court action
- Advises on reservation of rights letters and communication with the insured
What is not included
- Court filing fees, reports and other disbursements
- Appeals or later stages beyond the scope in the lawyer's written retainer
- Claims against other people or companies unless added to the retainer
- Fees of appraisers, adjusters, contractors or engineers you hire
Who this service is for
- Insurers and their claims staff
- Adjusting firms working for an insurer
- Self-insured businesses
Information to have ready
- 1The policy and any endorsements
- 2The claim or loss file, including adjuster reports
- 3Records of payments made on the claim
- 4Correspondence with the insured and other insurers
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $350–$700/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
How are disputes between insurers usually resolved?
Often by negotiation. Some disputes between insurers, such as accident benefits priority disputes, usually go to arbitration rather than court, and the lawyer will explain the forum that applies.
What is subrogation?
After paying a claim, an insurer may step into the insured's shoes to recover what it paid from the person responsible. The policy and the facts decide how and when that can be done.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Limitation periods keep running during a referral, so act promptly
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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