MAXIMIZING SUBROGATION INVESTIGATIONS WITH SIU AND OTHER IN-HOUSE RESOURCES Robert Swann – Citizens Property Insurance Corporation Andrew Scanlon – FM Global Matthew Peaire – Butler Pappas Weihmuller Katz Craig, LLP

TYPES OF INTERNAL RESOURCES Team Work I. Special Investigations Unit II. Desk Adjusters III. Field Adjusters IV. In-house counsel

SPECIAL INVESTIGATIONS UNIT Origin – investigating fraud Insurer advertisement identifies a SIU investigator as one who: Formats an investigative plan Uses technology to locate information Interviews and does field investigation

SPECIAL INVESTIGATIONS UNIT Typical training that proves beneficial to investigating a subro claim Fire investigation training Interviewing witness training Importance of early statements Document collection Building Department search Internet research

SPECIAL INVESTIGATIONS UNIT Internet research News Articles – (witnesses) Google Manufacturer information for notices Recalls (www.cpsc.gov) User submitted media Facebook Twitter You Tube

SPECIAL INVESTIGATIONS UNIT Internet research News Articles – (witnesses) Google Manufacturer information for notices Recalls (www.cpsc.gov) User submitted media Facebook Twitter You Tube

SPECIAL INVESTIGATIONS UNIT Additional handy websites www.floridabuilding.org (code information) http://www.miamigov.com/Building/Pages/PermitsInfo/permits.asp www.myfloridalicense.com (contractor license info) www.myfloridacfo.com ( Fire Marshal reports) www.weatherunderground.com (historical weather info) www.sunbiz.org (corporate filings) http://www.subrogation.org/industry-links.aspx www.waybackmachine.com

SPECIAL INVESTIGATIONS UNIT Determine what type of experts (and who) to hire. Origin and cause, electrical engineer, mechanical engineer, structural engineer, etc. Notice Process Locating parties and placing them on notice Locate email, fax and address for certified mail Assist with coordinating the site investigation and release of scene for repairs Make sure notices comply with lease and any state statutes (Florida, Texas) If you are having difficulty getting a response, most secretary of state offices have a corporate data base that list the officers, directors, and the registered agents for service.

ADJUSTERS Field adjusters Work with SIU to coordinate the investigation Photograph the loss site Obtain documentation from the insured or its representative. Expert retention Prepare RCV and ACV estimates In some circumstances, it is best to have outside counsel retain certain experts so that information remains privileged.

ADJUSTERS Place parties on notice Prepare demand packages File arbitrations NASP Presentation

IN-HOUSE SUBRO FILE HANDLER Work with adjuster and SIU to coordinate the investigation and document gathering Help identify who to put on notice Understand Statutes of Limitations Knows common Defendants Data mining

IN-HOUSE COUNSEL Notice Letters – in-house counsel can assist with identifying the proper entities to involve Requests for Information – in-house counsel can assist with identifying the pertinent documents, leases, condo by-laws, contracts, purchase orders insurance policies, etc. Public Records requests Pure Bill of Discovery

TRAINING TOOLS TO HELP MAXIMIZE SUBRO INVESTIGATION FOR YOUR TEAM Keep a database of common Defendants Use Benchmarks Have SIU assist with training adjusters on how to investigate and obtain information

MAXIMIZING SUBROGATION INVESTIGATIONS WITH SIU AND OTHER IN-HOUSE RESOURCES