News & Insights

At Gaul & Associates, P.C. we have developed a sophisticated case management system that continuously tracks the progress of each case and alerts our team when key dates and steps are imminent. We use this system to manage the thousands of details related to every case, staying on top of discovery steps needed, depositions to be scheduled and much more. In the hands of our integrated team, this system drives case progression and speeds successful resolution.

These clauses often appear in leases and can preclude an otherwise viable subrogation claim. Our expertise in subrogation allows the firm to quickly identify waivers that can be attacked and defeated. Challenges to these clauses can be based on the language of the provision, the parties to the agreement and possibly the terms of the insurance policies issued by the respective carriers. We have litigated, evaluated and drafted waivers of subrogation and know when to challenge them.

Understanding this fundamental concept of evidence preservation can mean the difference between a strong claim and no claim. The doctrine of spoliation can and should be used affirmatively against potential defendants. Our extensive experience in the early investigation of large losses allows us to quickly identify the appropriate course of action when we control the scene and to use the doctrine affirmatively to ensure evidence in the possession of others is preserved and, if not, to advance our case by seeking summary judgment, jury charges and other sanctions against the adverse party.