In the past few years, savvy defense lawyers have taken a more inquisitive approach on the valuation of subrogation damages across all lines of insurance.

Gone are the days of assuming the damages must be right because no carrier wants to pay more than they should.

Recently, a more laser-like Daubert level analysis has been used to attack the expert proof issues that apply to damages just as they would to a liability claim. A subrogating carrier or outside counsel that takes damages proof for granted may regret it.

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