The ABCs of Subrogation: A Lawyer’s Guide (2025 Edition)

T. Blake Orner | Grant & Grant

Blake Orner is a partner with the law firm of Grant & Grant in Indianapolis, Indiana. Blake’s practice is focused on Litigation—both subrogation and personal injury. He represents many national and regional insurance carriers in complex subrogation litigation, including large structural fires for commercial and residential property, construction defects, and products liability. With a background in complex litigation, Blake also focuses on plaintiffs’ personal injury, including auto accidents, premise liability, commercial trucking collisions, and product liability.

Licensed to practice in both Indiana and Illinois, Blake has represented clients in both state and federal court. Further, as part of his practice, Blake coordinates the litigation of cases with law firms for matters arising in other states throughout the country, as well as being retained by out-of-state law firms to serve as local counsel in Indiana and Illinois.

Blake is a graduate of DePauw University and the Indiana University Robert H. McKinney School of Law. He is a member of the National Association of Subrogation Professionals (NASP), Indiana State Bar Association, Illinois State Bar Association and serves on the Executive Committee of the Litigation Section of the Indianapolis Bar Association.

Ashton T. Kirsch | Matthiesen, Wickert & Lehrer, S.C.

Ashton T. Kirsch is an insurance litigation attorney and shareholder with the law firm of Matthiesen, Wickert & Lehrer, S.C. Ashton 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. He has built and grown the MWL commercial auto and cargo/transportation group into the thriving sector of our firm’s subrogation practice.

Ashton is an expert in the handling of complex interstate transportation claims. He knows the ins, outs, and in-betweens of the labyrinth of federal regulations that can impact a commercial auto or cargo loss. In fact, he has been retained by other attorneys around the nation to serve as an expert and consult/train on both the MCS-90 Endorsement and Carmack Amendment. Through this unique knowledge base, Ashton has successfully litigated and recovered on countless claims where others could not. He also boasts another, unique expertise—high-level negotiation tactics and skills which maximize the likelihood of high dollar recoveries. He travels the country providing seminars and training sessions to attorneys and adjusters on the best negotiation tactics and litigation practices. With over 95% of claims settling prior to litigation and 99% of litigated cases settling prior to trial, negotiation skills are at the pinnacle of importance to a successful subrogation attorney. Ashton is currently writing a book on subrogation negotiations practices, which will be published within the next year.

Ashton obtained his Bachelor of Arts in Political Science and History from the University of Wisconsin–Madison. He went on to graduate from the University of Wisconsin Law School, focusing on finance and corporate litigation. In 2018, 2019, 2020, 2021, and 2022, he was named a Wisconsin Rising Star by SuperLawyers Magazine, an award given only to the top 2.5% of lawyers in the State. In December 2022, Claims Litigation Management (CLM) recognized Ashton as one of their Phenoms Under 40, an award for selected individuals under the age of 39 who are making a significant impact at their companies or firms, or on the claims industry as a whole. Prior to joining MWL, Ashton was a founding partner and legal counsel with Bankmybiz.com an online lending/banking platform. He was also general counsel for a real estate development consulting group. Ashton is an experienced politician, winning a three-way primary as a candidate for Wisconsin’s 81st Assembly District in 2014, and is a former member of Governor Scott Walker’s legal team. He also served as a judicial intern to Justice Paul Higginbotham in the Wisconsin Court of Appeals, IV District. Ashton is known throughout the field for his knowledge of legal and legislative issues. He has been invited to testify on numerous occasions before legislative bodies and administrative agencies on insurance-related issues. Specifically, he has been asked to testify before the legislative committee on tort reform legislation, collateral source rules, insurance mandatory minimum limits, insurance regulatory compliance, and other commercial auto-related issues. Ashton brings precisely the sort of “real world” experience that makes an excellent litigator for the insurance industry.

Christopher R. Vandeventer | Matthiesen, Wickert & Lehrer, S.C.

Christopher R. Vandeventer is an associate attorney in our Hartford, Wisconsin office. Chris’s practice focuses on automobile, property and casualty, and workers’ compensation subrogation. Chris received his J.D. from Marquette University Law School in Milwaukee, Wisconsin. Chris is licensed in Wisconsin, where he helps MWL with its growing book of nationwide subrogation litigation.

Session I – Subrogation Fundamentals: Strategies to Avoid Pitfalls and Maximize Recovery | 1:00pm – 3:10pm

• Subrogation Basics
• Common Hurdles and Mistakes in Handling Subrogation Claims

Break | 2:00pm – 2:10pm

• Understanding Subrogation Liens: Medical Payments and Workers Compensation
• Property Subrogation: Legal Issues and Strategies

Break | 3:10pm – 3:20pm

Session II – Complex Subrogation: Litigation Strategies and Practical Guidance | 3:20pm – 4:20pm

• Navigating Complex Subrogation Issues
• Strategic Use of Expert Witnesses
• Lien Prioritization and Allocation
• Dealing with Subrogation in Bankruptcy and Insolvency Cases
• Statutory and Regulatory Updates