Insurance industry professionals are ever cognizant that in the case of deductible recovery and the like, we are recovering from our policyholder customers. While most deductible recoveries can be achieved amicably using a quality customer service approach, there are times when an Insured refuses to pay and legal intervention is required.

Skilled representation is necessary to recover dollars owed to the carrier from the insured when a claim is paid. Arguments of breach of contract, unjust enrichment and, in some cases, successor liability, must be raised, and professionally and efectively executed to enforce original policy contract terms and pricing. When this is done, the core insurance model of spreading the risk is preserved for the beneft of all. Harvesting these potentially lost dollars is an art, and when done well can equate to millions of dollars.

Originally published in Litigation Management - Spring 2016.

[co-author: Diane Yamashita is a Recovery Manager for Nationwide Insurance Company].