Foreign Tortfeasors and Subrogation: Why Typical Approaches Fail; Alternative Negotiation Strategies

Pursuing subrogation claims against non-U.S. companies, in particular Asian companies, requires a completely different approach than what most U.S. insurance litigators are used to. Failing to realize this and proceeding "as usual" guarantees frustration and failure and costs the insurer monies that could have been recovered.

Threatening to file suit and other intimidation tactics that might induce U.S. companies to respond do not work and usually only make matters worse. The goal is to understand what motivates the company to acknowledge an obligation and how to get in front of the decision makers.

Negotiation is not always successful, so counsel must always be willing to go to court when necessary. Yet once again, a different approach is required because a gargantuan judgment that will never be enforced is a Pyrrhic victory. Carriers have to carefully analyze the practical issues involved in suing foreign companies, including the additional time and expense involved.

Listen as this expert panel of subrogation attorneys discusses strategies and best practices for successful subrogation claims against foreign companies.

1. Overview of subrogation
2. Common approaches by U.S. attorneys and why they do not work with non-U.S. companies
3. Approaches that do work with non-U.S. companies, especially Asian companies
4. Best practices when filing suit is necessary

The panel will review these and other key issues:

• How can attorneys develop the relationships needed to connect with international companies?
• What kind of fact and legal research is needed?
• How can attorneys find the best translators to communicate with non-English speaking companies?