October 2016 
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Spartan Office

Autumn is the favorite time of year for so many people...crisp air, beautiful foliage and cozy sweaters.  Autumn also means the end of the year is approaching and it's time to take stock of your subrogation program, measure its successes and consider what enhancements might be possible in the 4th Quarter as well as those which may be needed in 2017.  Perhaps that translates to more frequent Forensic File Reviews or implementing our First Notice of Loss Program?  At Spartan, we are always looking for new ways to improve our services to more effectively support your recovery initiatives.
We look forward to our continued partnership in supporting your organization and are here to do whatever we can to assist your recovery efforts for the remainder of 2016 , into 2017 and beyond!  Please let us know if we can provide you with any information or service that will help you and your team achieve your recovery goals!


Kathleen Smith CSRP
Spartan Recoveries LLC
Subro Awareness

This section of our newsletter is dedicated to sharing tips that can elevate awareness of subrogation  opportunities along with practices that can lead to higher recovery dollars.

Impediments to Subrogation           

Subrogation professionals learn early on there are many impediments to a successful subrogation outcome.  Perhaps one of the ultimate frustrations is spoliated evidence!  When receiving a new property loss for subrogation the first instinct of the seasoned Recovery Specialist is to quickly call the insured to determine the whereabouts of the "faulty" product so that it can be preserved as evidence and made available for inspection by an expert.  All too often the item has been destroyed or thrown out.

Probably one of the worst cases recently encountered involved a Property case where the insured's pool exploded releasing 10,000 gallons of water into the policyholder's finished basement! Contact with the insured revealed that the pool most likely had been improperly installed the year prior to the loss.  While these facts would indicate probable subrogation recovery against the manufacturer or installer, there were unfortunate intervening causes preventing subrogation.  Upon realizing that the liner was ripped and water beginning to flow into the finished basement,  the insured and several family members took various actions including ripping holes in the liner and even using a hammer to bang a hole in the opposite end of the pool.  Needless to say, the evidence was so mutilated that it became impossible to determine if the failure was due to a manufacturer's defect or installation error.  These unfortunate events and actions by the insured to mitigate a loss destroyed any possibility of recovering the $31,000 paid.

The best way to avoid spoliation is early intervention.  Reach out to the insured party early in the claims process, keeping recovery potential in mind.  Unfortunately in this scenario we would have needed to intervene while the loss was occurring!

Spartan on the Move
Spartan exhibited at the Fall 2016 NY State Association of Self-Insured Counties 9/28 - 9/30/16 in Queensbury, NY.  

Spartan will be attending the NASP Annual Conference in Colorado Springs 10/23 - 10/26/16.  Will you be there?
Product Recalls 
All Power Portable Generators Recalled by J.D. North America Due to Explosion, Fire and Burn Hazards  Link
Whirlpool Recalls Microwaves Due to Fire Hazard Link

Crownplace Brands Recalls Kerosene Lamp Burners Due to Burn and Fire Hazards  Link

Home Source Recalls Floor Lamps Due to Fire and Shock Hazards  Link

Self-Balancing Scooters/Hoverboards Recalled by 10 Firms Due to Fire Hazard   Link

NHTSA Vehicle Recalls  Link

Denon Recalls Rechargeable Battery Packs Due to Fire and Burn Hazards   Link

Polaris Recalls Ranger Recreational Off-Highway Vehicles Due to Fire and Burn Hazards Link

GE Appliances Recalls Top-Loading Clothes Washers Due to Fire Hazard  Link

Samsung Recalls Galaxy Note7 Smartphones Due to Serious Fire and Burn Hazards  Link

Spartan Recoveries LLC
Superior Technology-Outstanding Results