Episode 6 of ADJUSTED, a claims podcast, features Ryan McIntosh. In this episode, co-hosts Greg Hamlin and Claire Muselman discuss what subrogation is, triggers for adjusters to pursue subrogation, and the impact of subrogation.

Ryan is the National Recovery Director for W.R. Berkley’s Regional Segment. His property and casualty insurance experience include oversight of many claims functions including, subrogation, fraud investigations, salvage, and accounts receivable recovery.

He was elected to NASP’s board of directors in 2016 and earned the Certified Subrogation Recovery Professional (CSRP) designation in 2007. He has presented at several industry conferences covering topics related to suspicious claim investigation, subrogation-focused investigations, and recovery management strategies.

Subrogation

THINK SUBRO EARLY: Early identification is imperative for successful outcomes. When files are incoming, and the first notice of loss is received, subrogation should be in the scope of thought. If there is a glimpse of third-party involvement or faulty equipment, get subrogation involved for further investigation as soon as possible. Understanding the dynamics of the claim allows for the proactive identification of potential recovery opportunities. Establishing a predetermined workflow can help ensure nothing is overlooked from a mechanism of injury or cause of loss standpoint.

THINK SUBRO OFTEN: Keeping subrogation at the forefront of the minds of adjusters and leadership will result in more opportunities to recover funds. Recovered funds can be a significant game-changer for an insured, especially when subrogation recovery applies to an insured’s deductible.

THINK COMMUNICATION: Communication with all parties leads to better outcomes. When subrogation opportunities are identified, it is essential to collaborate on the investigation. Does anything need to be preserved? Do photographs need to be taken? Is there video footage? Have we obtained witness statements? Look beyond physical damage for a more comprehensive depiction of the broader scenario at hand. The more thorough the communication with the injured worker, the insured, the adjuster, and the subrogation professional on the front end, the better chances of presenting a solid case moving forward. Upfront communication can also improve the speed at which the adverse party or insurance carrier is placed on notice of the claim. Prompt notification sets a no-nonsense tone for the subrogation claim.

THINK COLLABORATION: Once losses are reported, they should be reviewed by an experienced investigative professional to determine the responsible party and subrogation potential. There is a correlation between the speed of identifying subrogation and the success of subrogation recovery. Thorough documentation from the adjuster and the subrogation professional can streamline the subrogation process as well as protect against legal disputes. Comprehensive documentation includes photographs, witness information and statements, police reports, photographs, and medical bills.

THINK CONSISTENCY: Think subrogation on every claim. Look to explore beyond the injury to think about the possibilities of causation and contributing factors. Establishing a standard set of questions that will cover most situations can be scripted in advance by a subrogation expert to help adjusters secure pertinent information once a workers’ compensation claim has been reported

From the Sound Booth

With each episode recap, you can find exclusive bits of fun in this portion of the blog, From the Sound Booth. These golden nuggets come from the recording studio of ADJUSTED and help listeners get to know our co-hosts, hosts, and the Berkley teams a bit more along the way…

Greg (left) exploring Germany in 1996.
Post-graduation from the University of Iowa in 2005, Claire (right) traveled across Europe, starting in London, England, and ending in Athens, Greece.
“It was the most amazing time ever!” – Claire