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Subrogation is a major part of Dugan, Brinkmann, Maginnis and Pace's practice. Several partners dedicate their practice to the aggressive pursuit of major recovery matters throughout the United States.

Experienced attorneys focus specialized attention on developing theories of recovery in each case. When expert opinion is necessary, we rely on highly qualified professionals who are well respected in their fields. We pride ourselves in vigorous pursuit of valid subrogation claims.

Dugan, Brinkmann, Maginnis and Pace is an associate member of the Property Loss Research Bureau (PLRB) and a member of the National Association of Subrogation Professionals (NASP).



DBMP has handled numerous matters relating to marine cargo subrogation. We have a Proctor in Admiralty on staff. We understand all of the issues relating to the Carriage of Goods by Sea Act and the various defenses which are pertinent to these matters. We have handled these matters from the investigation of the claim through trial of the claim.

Below is a sample of cases handled by DBMP attorneys. While many of the settlement amounts are confidential, this listing reflects not only the quality of services provided to our clients, but the variety and complexity of subrogation matters that we handle. Cases are handled from start to finish by an accomplished subrogation attorney.



CASES

Confidential Settlement Professional Liability/Construction

Historically Certified Building Destroyed By Negligent Painter

Commercial Theft; Negligent Hiring, Supervision, Training of Security Services

Underground Powerlines Severed; Business Interruption at Airport

Parking Lot Ramp Collapse

Shopping Center Roof Collapse: Snow Overload

Sprinkler Discharge; Contractor Liability; Sophisticated TV Station Equipment

Cooling Unit Leak; Commercial Office Building

Fire Caused by High Temperature; Induction Furnace

Residential Fire: Improperly Installed and Guarded Light Fixture

Apartment Complex Fire: Architect Liability, Spread Theory, Absence of Draft Stopping

Truck Fire: Improperly Installed Component

Warehouse Collapse: Builder Liability/Negligent Operator of a Tractor Trailer

Fire: Negligent Installation of Wood Burning Stove

Fire: Products Liability: Malfunction of De-Humidifier

Fire: Negligent Maintenance by Heater Service Company

Cargo Loss: Negligent Fumigation

Contribution/Indemnity Action



Confidential Settlement Professional Liability/Construction
 
In this case, a worker suffered a severe closed-head injury generating a substantial workers compensation lien. While utilizing a jack assembly to tension the tie rods during the installation of a Marine bulkhead, our client had been working on a floating work platform, preparing to tighten the tie rods, when the four bolts used to secure the tieback assembly to the bulkhead sheared, producing a sound described by witnesses as a gunshot or explosion. As a result of the shearing of the bolts, our client fell, struck his head, and sustained a massive closed-head injury, resulting in permanent injuries. Not only was the life of our client drastically altered by the negligence of defendants, but his bride of four (4) months also experienced a life altering loss as a result of this accident.

We were able to prove that the workers injuries were a direct result of the negligence and breach of contractual duties of the defendant engineer. Specifically, we were able to demonstrate that the failure of the bolts in the bulkhead tie rod assembly was due to significantly flawed engineering design plans, inadequate supervision by an unlicensed, inexperienced engineer and a failure to provide required inspections of the project during construction.

We recovered nearly the entire workers compensation lien.
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Historically Certified Building Destroyed By Negligent Painter
 
The scenic landscape of Bucks County, Pennsylvania is dotted with unique, historical inns. When suddenly one of the areas most beloved bed & breakfast establishments, a historically certified building, is destroyed by fire, it is devastating to the owners, and the community. Repairing, restoring and replacing the contents and characteristics of the inn to its original glory is an enormous, and costly, challenge. Lost revenue adds even more to the owners loss.

The property insurer eventually paid policy damages in excess of $1 million. It became apparent the fire was caused by the negligence of a painter who was using a torch to strip paint from the roof of the inn.

DBMP was involved in the investigation of the claim and subrogation within hours of the fire. Liability was clear but the painters liability carrier vigorously contested tort damages and refused to make an acceptable offer. A significant issue to be resolved was how to value the loss of historic value. DBMP hired a nationally renowned expert on historically certified buildings to assist in establishing the true value of the damages. The aggressive and persistent efforts of DBMP resulted in the filing of suit, completion of discovery and the conclusion of a binding, High-Low Arbitration Hearing with witness testimony within 20 months of the loss. The result was a recovery by the subrogation carrier of $950,000.00 which represented virtually 100% of recoverable tort damages.
View Case Study
 
Commercial Theft; Negligent Hiring, Supervision, Training of Security Services
 
We obtained a substantial recovery for a carrier who paid a claim for damages resulting from the theft of computer equipment. In this instance, we were able to prove the burglary was the result of an "inside job" by the security service retained by the insured.

The theory of liability against the security company was failure to properly hire, train and supervise the employee who participated in the burglary by allowing acquaintances to enter the premises after hours. Specifically, the job application and screening process utilized by the security company did not adequately identify any previous criminal activity of applicants. In an interesting twist, the security company ran a search for all applicants under an FBI database. The database for the particular employee revealed that he had a previous arrest for shoplifting. This information was not disclosed by the employee in his application. The security company contended that the shoplifting arrest was not a sufficient crime to eliminate the applicant for consideration. We argued the theory that the employee's failure to identify the shoplifting should have raised questions regarding his honesty. The case resolved under a confidential settlement agreement after court ordered mediation.
 
Underground Powerlines Severed; Business Interruption at Airport
 
We obtained a significant recovery in favor of the Port Authority of New York and New Jersey in a claim for business interruption involving a power outage as a result of contractors' cutting electric lines during construction activities at the Newark International Airport. For three days, the airport was shut down due to the power outage. There were numerous claims that arose out of this incident filed by airlines, retail establishments and business entities located in the airport. The Port Authority was both a plaintiff and defendant in the case. As the agency responsible for operation of the Newark Airport, the airlines and retail establishments sued the Port Authority for its failure to retain proper contractors. The general liability carrier for the Port Authority contributed to a pool of settlement funds to resolve these claims.

We advanced a separate claim on behalf of three separate carriers who paid out claims for business interruption of the Port Authority. The Judge handling the case created a separate pool of settlement funds from carriers for the contractors involved in the construction project for settlement of the Port Authority's subrogation claim.
 
Parking Lot Ramp Collapse
 
We obtained a substantial recovery in favor of carrier for a Houston, Texas Hospital in a claim involving negligent conduct of one of its contractors. During a renovation project, the general contractor attempted to deliver a heavy load of materials through an exit ramp of an automobile parking lot. As a result of the construction vehicle's heavy weight, the parking ramp collapsed causing structural damage and the need to relocate emergency personnel's motor vehicles.
 
Shopping Center Roof Collapse: Snow Overload
 
This was a roof collapse of a pre-engineered, pre-fabricated roof system for a strip shopping center. The roof collapsed due to an overload of ice and snow. The snow was the result of a "50 year storm". Nevertheless, through aggressive discovery and expert analysis we were able to prove that the fabricator/assembler of the roof did not properly follow the instructions provided by the manufacturer of the roof system. Defenses included "Act of God", economic loss doctrine and failure to clear the roof on the part of the owner. The damages included loss of business revenue for stores in the strip center. The case was settled on the eve of trial for 80% of the replacement cost.
 
Sprinkler Discharge; Contractor Liability; Sophisticated TV Station Equipment
 
This was a water damage case in which an asbestos removal subcontractor carelessly caused a sprinkler head to fracture resulting in a flood in a television studio. The big issue was the value of the equipment, and we had a vigorous contest on replacement cost versus fair market value, etc. The recovery exceeded $300,000 on a claim in which the carrier had paid $350,000.
 
Cooling Unit Leak; Commercial Office Building
 
This was a water loss in Miami, Florida, caused by a leak in a temporary cooling unit. Issues included possible comparative negligence on the part of the subrogee as well as the difficulty in allocating the relative responsibility between the installer of the unit, the supplier of the unit and the manufacturer of a component. The case settled for $250,000 on a total claim of approximately $300,000.
 
Fire Caused by High Temperature; Induction Furnace
 
This case arose in Dallas, Texas involving a loss of a sophisticated induction furnace which operated at temperatures in excess of 1200 degrees Fahrenheit. The claims involved negligence, products liability and breach of expressed and implied warranties. The defendant was the entity which installed and serviced the induction/purification furnace. After extensive discovery and work with several engineering experts, a mutually satisfactory settlement was obtained.
 
Residential Fire: Improperly Installed and Guarded Light Fixture
 
This case arose from a fire in a residential property in southern Delaware. It was a vacation home and was vacant for substantial periods of time. The home was destroyed by fire. We were able to prove that the fire originated in a bird's nest which had been made in an outside light fixture which had been inadvertently left on. The theory was that the light fixture should have been protected by a wire mesh which would have prevented the bird from creating the nest. We were successful and settled this difficult case for a substantial percentage of the amount paid.
 
Apartment Complex Fire: Architect Liability, Spread Theory, Absence of Draft Stopping
 
This case arose from a fire in an apartment complex. We were able to successfully convince the insurance carrier for an architect to settle on a fire-spread theory. Our main claim was the absence of fire walls also known as "draft stopping" in the attic crawl space which, we claimed, were required by the BOCA Code. The architect claimed that the building should have been grandfathered and not subject to the Code.
 
Truck Fire: Improperly Installed Component
 
This claim involved a fire in a truck engine which we claimed was caused by a failure of a component; i.e., turbo charger. After extensive litigation, we were able to settle this case for the full amount of the cost of repairs and down time.
 
Warehouse Collapse: Builder Liability/Negligent Operator of a Tractor Trailer
 
The insured suffered damage to its building, a warehouse for a regional furniture chain, when a tractor trailer delivering furniture backed up into a loading dock too fast and caused damage to the outside wall. Discovery established that structural details called for on the building plans for an expansion of the warehouse, were omitted by the builder. We recovered the cost of repairs from the carrier for the delivery company. We were able to obtain an additional recovery on behalf of the building owner for breach of contract against the builder of the addition for omitting steel rods which would have made the building wall more resistant to damage from contact by delivery trucks.
 
Fire: Negligent Installation of Wood Burning Stove
 
We brought an action against the seller and installer of a woodburning stove based on allegations the installation violated the applicable code in that it was placed too close to the rear wall and surrounding combustibles which ultimately lead to a significant house fire.
 
Fire: Products Liability: Malfunction of De-Humidifier
 
We brought an action against the manufacturer of a dehumidifier which malfunctioned and caused a fire. The local authorities concluded the fire originated in the area of the dehumidifier. After numerous tests, we were able to locate an arc on wiring inside the dehumidifier. The location of the arc allowed us to establish that it could not have resulted from the fire, but rather, caused the fire.
 
Fire: Negligent Maintenance by Heater Service Company
 
We brought an action against a heater servicing company which improperly connected wiring to a heating unit, causing a severe house fire. The local authorities believed the fire originated in the area of the heater, but could not find any problems. After several tests, our experts concluded a screw used to fasten a wire to the unit had come loose and caused a short and subsequent fire. We then subpoenaed the records of the servicing company which revealed that the company had recently serviced the unit by replacing a loose screw. We provided it was the same screw which became loose once again and caused the fire.
 
Cargo Loss: Negligent Fumigation
 
We represented several importers of fruit which was shipped from Chile to the Port of Philadelphia. After the cargo was offloaded from a vessel in the Philadelphia port, it was stored in a cold storage warehouse for fumigation. The warehouse operator purchased the chemicals for fumigation from a chemical company in North Carolina. It was determined that the chemicals were defective and damaged the fruit during the fumigation. We were successful in recovering $3.2M on behalf of the fruit importers against the warehouse operator and the manufacturer of the defective chemical.
 
Contribution/Indemnity Action
 
We were able to recover $180,000 for one of our insurance company clients in a contribution/indemnity action brought against another liability insurer after a boating accident which severely injured one of the occupants. Our insurer originally paid 100% of the loss after a second carrier denied the existence of coverage, based upon their claim that their insured had negotiated out of their renewal policy the identification of our insured as an additional insured under their policy. In a non-jury trial, we successfully argued that, despite the fact that negotiations had been completed and that an agreement to amend had been reached, the typewritten endorsement was not dated until after the boating accident occurred.