PRACTICE AREAS - Subrogation
Kearns & Duffy has twenty-five years’ worth of subrogation experience. Since 2004, Paul R. Duffy, Esq. has been qualified to be a Subrogation Recovery Professional (CSRP) pursuant to the National Association of Subrogation Professionals (NASP). Mr. Duffy is a valued member of NASP. Kearns & Duffy, P.C. has had extensive experience in all aspects of subrogation, including, but not limited to, property and casualty, products liability, personal injury protection (PIP) and motor vehicle liability actions. At the time of this writing, this firm performs these services for Cumberland Mutual Insurance Company, Palisades Safety and Insurance Association, Empire Insurance Company, MetLife Insurance Company, Peerless Insurance Company, First Trenton Insurance Company and Sentry Claims Service. Kearns & Duffy is a charter member of the National Association of Subrogation Professionals (NASP).
Subrogation is the substitution of one person, or entity, in place of another person or entity, with reference to a lawful claim, demand or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies and securities. Black’s Law Dictionary.
Insurance companies, guarantors and bonding companies generally have the right to step into the shoes of the party whom they compensate and sue any party whom the compensated party could have sued. Black’s Law Dictionary.
Successful performance of services in this field requires knowledge of insurance contract interpretation, products liability law and trial experience. Persistence is also required. This firm consistently meets all these requirements and regularly returns a successful recovery for its clients.
In addition to subrogation, Kearns & Duffy is experienced in the field of SIU and fraud investigation, including the performance of examinations under oath (EUO) and preparation of reservation of rights letters.
Our mission is to maximize your recovery potential, while providing you with a high level of customer service. We are fully prepared to handle your subrogation cases from the initial investigation through arbitration or trial.
OUR SERVICES
New Losses
Our attorneys are available around the clock, seven days a week, to assist you with new losses. We are prepared to respond immediately with primary investigators to determine the cause and origin of the loss. Relevant evidence will be identified and secured. All potentially responsible parties will be identified and placed on notice. If necessary, and only with your authorization, we will retain secondary experts, such as engineers, chemists and metallurgists. Based upon the facts of the loss, the strength of the evidence and the applicable law of the jurisdiction, we will provide you with a detailed analysis of the recovery potential and advise you accordingly. Based upon the recovery potential, we will work with you to develop an appropriate recovery strategy.
Open Files
When we receive an assignment based on a pre-existing file, we will immediately review the file for critical dates to ensure that recovery is not precluded by statute. Next, we will review the file in depth to make sure that all potential theories of liability were considered and that the correct parties were placed on notice. We will confirm the location and status of secured evidence. We will review all previous actions and the defendant’s response, if any. Next, we will prepare and send a demand package or follow-up on previous demands. If the responsible party, or its insurance company, refuses to negotiate we will proceed into arbitration or suit.
Closed File Evaluation
For various reasons, some files are closed prematurely. When mistakes happen and theories are missed, a potential recovery may be lost. Under these circumstances, you are understandably reluctant to abandon the claim. We are happy to review closed files and provide you with a second opinion as to their recovery potential. As with other previously opened files, we will immediately review the closed file for critical dates to ensure that recovery is not precluded by statute. Next, we will review the file in depth to make sure that all potential theories of liability were considered. If we believe that a viable theory was overlooked, or that the file was improperly closed for any other reason, we will advise you accordingly and will work with you to develop an appropriate strategy going forward.
CLIENT SERVICE PHILOSOPHY
Client Service begins with respect for you and for the rigorous demands of the insurance industry. We recognize your budgetary concerns and understand the importance of keeping you regularly informed about the status of your files. Further, as members of the National Association of Subrogation Professionals, we are committed to staying on top of the issues that will affect your recovery efforts in the future.
We have utilized technology to the fullest, to design a highly efficient practice. As a result, we can broaden the range of “cost effective” cases, and handle some cases that might otherwise be disregarded, without reducing service and cutting corners. Your files will be handled personally by Mr. Duffy or Mr. Vaccaro, experienced subrogation attorneys.
Please contact the following attorneys to discuss how we may assist you in reaching your subrogation goals:
Paul Duffy -- Email: paulrduffy@kearnsduffylaw.com, Phone:Phone: (908)647-7773, ext. 16
Michael Vaccaro -- Email: mcvaccaro@kearnsduffylaw.com, Phone: Phone: (908)647-7773, ext. 22
Matthew Gluck -- Email: mfgluck@kearnsduffylaw.com, Phone: Phone: (908)647-7773, ext. 23
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