• videocam Live Webinar with Live Q&A
  • calendar_month June 25, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

Subrogation Against Utilities: Standards of Care, Theories of Liability, Defenses, Working With Insureds and Experts

About the Course

Introduction

This CLE webinar will discuss subrogation of property damage and personal injury losses involving utilities.

Description

Subrogation against utilities is so profitable that, recently, hedge funds, private equity, and other types of investments have been gobbling up wildfire subrogation claims. To curb the practice, a California statute now requires that electric utilities be afforded the right of first refusal to settle subrogation claims tied to wildfires. However, electric utilities may be responsible any time their power lines directly cause or contribute to a loss. Cable, phone, water/sewer, and gas utilities may also be responsible for losses and are potential subrogation defendants.

Done correctly, subrogation offers a way to recover payouts and may be available to more than just traditional insurance companies, such as self-insureds and captives. Utilities may be liable for losses related to fire, floods, ice, and major weather events. Pursuing subrogation claims against utilities requires navigating special standards of care and distinct regulatory frameworks. Issues of liability are often complex, especially if other parties are involved, and require thorough investigation, selecting the proper experts, and properly preserving evidence. The involvement and cooperation of the insured can be vital. 

Listen as our panel of experts offers guidance on subrogation involving utilities with respect to standards of care, regulations, types of claims that can be brought, and proving liability.

Presented By

Matthew R. Greider
Associate Attorney
Matthiesen, Wickert & Lehrer, SC

Mr. Grieder is an associate attorney at the firm’s Austin, Texas branch office. His practice focuses on automobile, maritime, property and casualty, and workers’ compensation subrogation cases throughout Texas and the South Central states of Oklahoma and New Mexico. Mr. Grieder graduated undergraduate from the University of Texas and received his law degree from St. Mary’s University School of Law in San Antonio, Texas. He clerked for several Texas firms before litigating at Barnett & Garcia in Austin, as well as Murphy Legal in Austin, where he represented insurance companies in complex construction defect litigation cases.

Ethan W. Middlebrooks
Shareholder
Anderson Kill

Mr. Middlebrooks concentrates his practice in insurance recovery, exclusively on behalf of policyholders. He also works in corporate and commercial litigation. Mr. Middlebrooks has assisted numerous policyholders with insurance recovery on a range of matters and insurance policies, including multiple matters involving first-party property policies and construction-related issues, as well as municipal-related concerns. He has also worked on claims involving representations and warranties insurance, as well as a variety of liability policies including public officials' liability, general liability, and directors' and officers' liability. Mr. Middlebrooks’ insurance recovery practice has involved claims that have undergone litigation, arbitration, mediation, formal appraisal proceedings, and that have successfully resolved without formalized proceedings. In addition to his insurance recovery work, his practice has involved construction-related disputes, and litigation involving financial institutes.

Regan E. Samson
Attorney
Anderson Kill

Ms. Samson focuses her practice on insurance recovery, exclusively on behalf of policyholders. She represents corporate clients in a wide range of complex insurance matters, including with respect to directors & officers (D&O), representations & warranties (R&W), professional liability, and general liability coverage, as well as environmental and asbestos claims, first-party property and business interruption losses, cyber-related claims, and other specialized risks.

Mark A. Solomon
Shareholder
Matthiesen, Wickert & Lehrer, SC

Mr. Solomon is an insurance trial lawyer and shareholder who manages Matthiesen, Wickert & Lehrer’s Austin, Texas branch office. He is licensed to practice law in Texas, Colorado, and Georgia. Mr. Solomon's practice focuses on complex property and casualty subrogation, workers’ compensation subrogation, and automobile subrogation. He handles complex property and casualty subrogation along with workers’ compensation and automobile subrogation cases throughout Texas and across the country. Mr. Solomon's vast experience includes preparation and trial of cases in both state and federal court and his expertise in large, complex property subrogation losses provides welcome assistance to a burgeoning large loss property subrogation practice here at MWL.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, June 25, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of subrogation

II. Types of utilities and losses

A. Electric

B. Cable

C. Phone

D. Water/sewer

E. Gas 

F. Causes of loss

1. Negligent maintenance

2. Regulatory noncompliance issues

3. Failure of warning systems

III. Statutes of limitations

IV. Evidence preservation and preserving rights to claims

V. Considerations for working with the insured

VI. Theories of liability

A. Negligence and liability

B. Negligence

C. Negligence per se

D. Trespass

E. Nuisance

F. Premises liability

G. Inverse condemnation

VII. Defenses

A. Filed-rate doctrine

B. Anti-subrogation statutes

C. Regulatory compliance

D. Sovereign immunity

VIII. Experts

A. Cause and origin

B. Mechanical engineer

C. Electrical engineer

D. Environmental engineer

IX. Damages

The panel will review these and other important issues:

  • What are the most significant reasons insurers miss subrogation opportunities?
  • Can consumer protection statutes offer a path to subrogation liability?
  • How do equitable, contractual, and statutory subrogation differ?