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Subrogation and Commercial Contingency

Subrogation and Commercial Contingency

Contact: John W. Reis

The Smith Moore Leatherwood Subrogation and Commercial Contingency Team has developed an efficient methodology for handling property subrogation claims and complex commercial disputes that yields cost-effective recovery for both medium-sized claims and catastrophic losses, whether the matter is a business dispute or involves loss to structure, heavy equipment, motor coach, vehicle or vessel, or involves cargo loss, employee theft, or workers compensation payments. We have served national clients on such matters as:

  • Fires arising from CSST (Corrugated Stainless Steel Tubing)
  • Complex and catastrophic fire protection failure cases
  • Complex man-induced sinkhole cases
  • Truss failures
  • Fireplace failures
  • Heavy equipment, motor coach, and car fire cases; have played an active leadership role in federal Multi-District Litigation (MDL) proceeding involving certain manufacturer
  • Marine losses, including marina fires and vessel fires, collisions, and allisions
  • Cargo claims involving Carmack and/or COGSA
  • Electrical failures
  • Plumbing failures
  • Material failures
  • Professional negligence of engineers, architects, and other professionals

We represent insurance carriers, self-insured corporations, business owners, property management companies, contractors, and homeowners on a contingency basis. No fee is incurred unless there is a recovery for their claim.  Regardless of recovery, we provide the following value.

Initial Investigation
Successful subrogation rides heavily on the initial investigation, whether the loss is from fire or water, collision or collapse, or other form of loss, which is why clients look to Smith Moore Leatherwood subrogation attorneys to get involved when the loss is still smoking or soaking.  We can then better direct the investigation, get the right experts involved early, notify all affected parties, and provide you with a comprehensive game plan for future handling.  In many instances, our lawyers will visit the site, itself, absorb the nuances, and meet the people involved in the loss very early into the matter.  We strive toward a detailed understanding of the cause of the loss and our client's goals, and then develop the right creative legal resolution.

Smart Use of Experts
We are mindful of the cost of experts.  Sometimes none are necessary, if there is a legal bar that no set of good facts can overcome.  If retained early enough, we can save our clients such costs, depending on the facts and the legal issues. When an expert is warranted, we rely on our past experiences with them, their referrals, and our vast database of their particular specialty.  There is no "one size fits all" when it comes to experts.  Each loss will involve unique issues and our lawyers provide valuable guidance and judgment on who may best be suited to a particular case in a particular location.

We believe in providing you with regular and ongoing status reports. Upon engagement, we will work with you to determine the best format and delivery schedule to meet your reporting needs.  



(704) 384-2641
(704) 384-2692

Each of our lawyer's e-mail address is provided with his or her biography. If you are not a current client of our firm, you should not e-mail our lawyers with any confidential information or any information about a specific legal matter, given that our firm may presently represent persons or companies who have interests that are adverse to you. If you are not a current client and you e-mail any lawyer in our firm, you do so without any expectation of confidentiality. We will not establish a professional relationship with you via e-mail. Instead, you should contact our firm by telephone so that we can determine whether we are in a position to consult with you about any legal matters before you share any confidential or sensitive information with us.