RMI Partner David Matejczyk along with Brian Churchwell, PE, CFEI, CFI of Churchwell Fire Consultants were co-presenters on the topic of Subrogation Fires and Explosions Involving Death or Serious Injury at this past month's NASP Litigation Skills Conference held in Palm Springs, California. During their respective careers, both presenters have been involved in numerous fire and explosion investigations with a death or serious injury component.
The program explored the complex ethical and legal issues to the investigator, subrogation unit and counsel. Topics addressed during the program included investigator contacts and coordination with government officials; transfer of scene from public investigator to insurer; heightened evidence preservation; proper interview timing of injured insured or surviving family members; establishing a family contact and unrepresented insureds.
The program included the special nuances of NFPA 921 - Chapter 25, Death and Injuries. Also addressed were issues involving cooperation and coordination with the insured’s counsel; legal and ethical duties involving the injured or deceased insured; estate issues; pros and cons of intervention, coordinated or separate filing of the subrogation case and the insured’s personal injury or wrongful death lawsuit.
The presentation also included active participation and input from insurers, attorneys and experts from across the country involved with this serious and important topic.