[WSBARP] Insurance/Subrogation Issue

[Samuel M. Meyler]

Listmates,

 

This is off-topic but I'm hoping someone may have some experience with this.

 

PC/Homeowner suffers damage to their property as a result of construction at
the property next door.  There was a loss of lateral support.  PC submitted
a claim to their insurance company with an expert report.  Insurance company
engaged their own expert who took the position that only a portion of the
damages resulted from the construction activity.  Insurer issued payment to
PC for the damages that their expert says were covered.  

 

PC disagrees with the insurance company's expert and wants to pursue the
claim against the neighbor for the balance but the insurance company is
already trying to pursue collection for the amount that it paid out.  What
happens in this situation?  It seems that the PC should be able to pursue
the entirety of the claim that they have against the neighbor and if PC
recovers amounts that were paid out by its insurer, PC would have to repay
the insurer.  Alternatively, the insurance company should be pursuing
recovery of all amounts that are claimed by the PC.

 

Any authority on this issue would be appreciated.  Thanks for your thoughts
on the matter.  

 

Sam   

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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