Proving Fine Art Damage: It’s All in the Details

In the context of subrogation, when a property loss results in damage to real property, personal property, and works of fine art, it is all too easy to focus the investigation solely on causation and responsibility for the loss. For the inexperienced claims or subrogation professional, however, proving damages can be an afterthought. In order to maximize your potential subrogation recovery on a claim that involves works of fine art, understanding the recoverable measure of damages and hiring the right damages experts are as important as proving the cause of the loss. 

When a loss involves damage to a work of fine art, the nature and extent of the damage must be evaluated quickly. Was the art completely consumed in a fire or was it damaged by smoke, humidity, water, or physical impact? The nature and extent of the damage will dictate the response by claims and subrogation professionals. For example, water damage to a Mark Rothko oil painting requires a different response than smoke damage to a rare Ansel Adams photograph.