Foreign Tortfeasors and Subrogation: Why Typical Approaches Fail; Alternative Negotiation Strategies
Understanding What Motivates the Company to Acknowledge its Obligation; Getting in Front of Decision Makers

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Monday, June 9, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide subrogation attorneys through strategies and practical approaches for recovering from non-U.S. companies. The program will also offer information useful to any party seeking recovery from companies located outside the U.S.
Faculty

Mr. Kirsch is an insurance litigation attorney and shareholder with the law firm of Matthiesen, Wickert & Lehrer, S.C. He has been with MWL’s Hartford office since 2015, concentrating his practice on litigation of subrogation cases involving large loss casualty, commercial auto, transportation and cargo, and workers’ compensation. Mr. Kirsch has built and grown the MWL commercial auto and cargo/transportation group into the thriving sector of our firm’s subrogation practice.

Description
Pursuing subrogation claims against non-U.S. companies, in particular Asian companies, requires a completely different approach than what most U.S. insurance litigators are used to. Failing to realize this and proceeding "as usual" guarantees frustration and failure and costs the insurer monies that could have been recovered.
Threatening to file suit and other intimidation tactics that might induce U.S. companies to respond do not work and usually only make matters worse. The goal is to understand what motivates the company to acknowledge an obligation and how to get in front of the decision makers.
Negotiation is not always successful, so counsel must always be willing to go to court when necessary. Yet once again, a different approach is required because a gargantuan judgment that will never be enforced is a Pyrrhic victory. Carriers have to carefully analyze the practical issues involved in suing foreign companies, including the additional time and expense involved.
Listen as this expert panel of subrogation attorneys discusses strategies and best practices for successful subrogation claims against foreign companies.
Outline
- Overview of subrogation
- Common approaches by U.S. attorneys and why they do not work with non-U.S. companies
- Approaches that do work with non-U.S. companies, especially Asian companies
- Best practices when filing suit is necessary
Benefits
The panel will review these and other key issues:
- How can attorneys develop the relationships needed to connect with international companies?
- What kind of fact and legal research is needed?
- How can attorneys find the best translators to communicate with non-English speaking companies?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Uninsured and Underinsured Motorist Claims: Evaluating Triggers, Stacking, Subrogation, Substitution of Benefits
Tuesday, April 22, 2025
1:00 p.m. ET./10:00 a.m. PT

Foreign Tortfeasors and Subrogation: Why Typical Approaches Fail; Alternative Negotiation Strategies
Tuesday, April 1, 2025
1:00 p.m. ET./10:00 a.m. PT

Handling an Insurance Liability Claim: Roadmap for New Attorneys
Available On-Demand
Recommended Resources
Navigating Modern Legal Challenges: A Comprehensive Guide
- Business & Professional Skills
- Career Advancement
Your Guide to Professional Development with BARBRI
- Learning & Development
- Business & Professional Skills
- Career Advancement
- eDiscovery
Building Your Book: Strategies to Secure Long-Term Success
- Business & Professional Skills
- Career Advancement
- Talent Development