The attorneys in our insurance coverage practice offer expertise throughout New York and New Jersey in insurance law involving all primary, excess and reinsurance policies. Our approach focuses on the decisive elements of a coverage dispute in order to get the results you desire. Whether your goal is to enforce coverage, to transfer a risk to another carrier, to resolve a multilateral dispute among insurers, to validate or challenge a disclaimer, to prosecute or defend a declaratory judgment action or appeal, to engage in alternative mechanisms for dispute resolution, or to make and document coverage recommendations, we aim to meet these objectives expeditiously and cost-effectively.
The Insurance Coverage Representation We Provide
- Coverage disputes involving construction accidents; completed operations; environmental claims; trucking and automobile; premises liability; trademark, patent and copyright claims; defamation; commercial litigation; or employment law.
- Various policies and coverage including CGL, first-party coverage, D&O, E&O, homeowners, manuscript and excess policies.
- Recurring issues including additional insured status of an owner, contractor, lessor or construction manager; defense and indemnity for class action suits involving consumer claims; the ambit of coverage for invasion of privacy; proof of existence and terms of coverage; identity of insured/additional insureds; treatment of multiple insureds; self-insured retention; deductibles and carrying charges; notice and disclaimer requirements; number of occurrences; co-insurance allocations; primary versus excess issues; contractual indemnity issues; anti-subrogation; breach of contract to procure coverage; waiver of subrogation; bankruptcy issues; and drop-down provisions.
- Special and unique issues including application of pollution exclusions, construction defects, “sick building” claims interplay of differing laws among a choice of state’s laws, and narrowed or broadened scope of coverage by means of manuscript endorsements.
As examples of our insurance coverage practice, in Lim v. Atlas Gem Erectors, 225 A.D. 2d 304 (1st Dept. 1996), we established case law for the construction of “arising out of” language in additional insurance endorsements to insurance policies and the application of anti-subrogation principles in this New York Labor Law case.
In Bovis Lend Lead LMS, Inc. v. Royal Surplus Lines Ins. Co., 27 A.D. 3d 84 (1st Dept. 2005), we established case law on the timely disclaimer requirement of the New York insurance law in the court’s decision that the requirement is triggered when an insurer receives notice from another insurer on behalf of a mutual insured asking that the insured be provided defense and indemnity.
In Davis & Partners LLC v. QBE Ins. Corp., 113 A.D.3d 544 (1st Dept 2014) we established case law in a New York construction case that the principal location of the insured risk in New York required application of New York law notwithstanding that the entity under whose policy coverage was being sought had its principal place of business in New Jersey.