Subrogated Recoveries

Generally, there is no provision within a policy, or otherwise, which creates an obligation on Chubb to pursue, or continue, a subrogated recovery against a third party.

An insured may independently, and at their own cost, pursue recovery against a third party and any amount recovered will be distributed in accordance with section 67 of the Insurance Contracts Act 1984.

Chubb will consider a number of factors when considering whether to pursue a recovery against a third party. These include whether there is enough supporting evidence and the cost to pursue the third party. 

The amounts that can be sought as part of a subrogated recovery against a third party include: 

• The amount paid by Chubb to the insured in respect of the loss.
• The amount paid by Chubb for administrative and legal costs incurred in connection with the recovery.
• The deductible/excess paid by the insured.

Any other uninsured amount incurred by the insured that was not covered by the policy. 

Unless specified differently in the policy, the distribution of recovered amounts will be in accordance with Section 67 of the Insurance Contracts Act. This means that you may not always have your deductible/excess refunded and/or your uninsured losses recovered. 

A Chubb consultant or an external recovery partner may contact you to request that you provide ongoing cooperation and any additional information or evidence required for the purpose of the recovery.

Depending on the complexity of the matter, the recovery process may take several months, and in some cases longer. 

External recovery partners consist of recovery agents, experts or lawyers. There may be a need for Chubb to use these external recovery partners to assist in obtaining information or evidence to improve the prospects of a recovery, or to act on behalf of Chubb in pursuing a recovery.