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Subrogating Flood Loss: An Act of God or Human Error?

Peter G. Rossi discusses a $3.4 million verdict and the underlying principles that helped secure victory.

By Christina Bramlet | Updated on January 02, 2013
Evaluating claims for subrogation potentialis a delicate business. Successfully proving and quantifying damages in court is trickier still. As subrogation attorneys and claims adjusters will attest, doing so often requires a sizable investment in terms of both time and resources.

While the onus for the insurer and its chosen counsel are great, the potential reward can be reclaiming millions of dollars. After the cause and circumstances of a loss have been investigated and determined, the insurer’s counsel must take great care in vetting experts and appropriate technologies to succinctly relay the findings to compel a fair judgment at trial.

The recent $3.4 million victory in U.S. Fire Insurance Company v. Omnova Solutions Inc., a complex flood case that many had deemed “unwinnable,” illustrates the importance of selecting the right experts and technology to prove damages in court. In the article below, Peter G. Rossi, the subrogation attorney who secured the unanimous verdict, discusses the broader implications for the industry, Acts of God, and the ‘200-year storm’ that wasn’t.

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