Policyholders’ Heaviest Hitters | Attorneys | New York

When insurance policyholders suffer physical loss or damage to their premises, or business interruption arising from such loss or damage, our team is here to help. We advocate strongly for our clients to ensure that they receive the compensation they’re rightfully owed. As pragmatic and efficient business lawyers first and foremost, we respect the bottom line and partner with injured parties to strategically plan a course of action that rectifies the situation in a way that’s the most sensible and commercially viable for them.

We represent clients engaged in a wide-range of business activities, including product manufacturing, healthcare and pharmaceutical, financial services, technology, transportation, and sports and entertainment. Whether an organization has endured relatively small damages or needs to pursue a bet-the-company case to save the business, we adeptly tailor the response to the situation, from working behind-the-scenes to assist our clients with submitting claims for property damage or business interruption to filing lawsuits on their behalf that aggressively pursue their legal rights.

To maximize their recoveries, we help clients navigate the claim’s submission and recovery process, which includes putting the appropriate insurance carriers on notice, filing and handling initial claims, collecting data for the appraisal process and proof of loss, pursuing pre-litigation dispute resolutions, handling examinations under oath, and litigating in court if it comes to that. If carriers attempt to engage in rope-a-dope delay tactics, we counter them at every point.

Our Inventive Approach

Cutting-Edge Model. Our team typically provides a comprehensive analysis of our clients’ losses and coverage options early on so there are no surprises and the claim is handled in a thoughtful manner. We work directly with our clients and their claims adjusters to ensure that all appropriate losses are accounted for and documented in the way that best maximizes their recovery.

Strengths

We advise and assist organizations that are pursuing compensation for claims relating to a host of challenging circumstances, including:

  • Business interruption losses, including disruption related to Covid-19
  • Embezzlement
  • Property damage
  • Fire damage
  • Hurricanes and storm damage
  • Water and mold damage
  • Vandalism
  • Hazardous waste
  • Pollution

Experience Highlights

  • Our team procured a 2019 appellate court ruling affirming that our client, the New Jersey Transit Corporation, was entitled to up to $400 million in property insurance coverage for damage it sustained as a result of Superstorm Sandy.

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  •  Our team recently obtained a ruling from a Nevada state court denying an insurer’s motion to dismiss our client’s lawsuit for coverage of COVID-19-related business interruption losses at its Las Vegas casino, The court held that the casino’s allegations that it lost business due to government shut-down orders and the suspected presence of COVID-19 sufficiently alleged “direct physical loss” covered by the insurance.

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Relevant Experience

  • Representing over 25 clients across several industries for coverage for coronavirus.

  • PES Holdings. Representing a Philadelphia refinery owner against 22 insurers and policy underwriters for full payment of $1.25 billion in business interruption policy benefits essential to its newly confirmed Delaware Chapter 11, bankruptcy case.

  • NJ Transit. Secured appellate affirmance from the New Jersey Superior Court, Appellate Division, of trial court ruling that NJ Transit is entitled to up to $400 million, its full property insurance program limit, for water damage caused by Superstorm Sandy.

  • Movie Studio and Production Company. Secured an extremely favorable settlement after the studio suffered approximately $500 million in losses arising out of a fire.

  • The Port Authority of New York & New Jersey. Secured favorable settlements requiring that each carrier pay its full limits in coverage for loss arising from the 1993 terrorist bombing of the World Trade Center.

  • Silverstein Properties, Inc. Secured one of the largest property insurance settlements in the world following a jury trial for the lessee of the World Trade Center, in its insurance claim for property and business interruption losses following the September 11, 2001 terrorist attacks.

  • Merck & Co, Inc. Successfully settled before trial for a major pharmaceutical manufacturer in litigation in the United States District Court for the Southern District of New York involving claims under transit insurance for loss of vaccines and other products during transportation.

  • Cushman & Wakefield. Secured a dismissal on behalf of Cushman & Wakefield involving breach of contract and negligent misrepresentation claims brought by a property owner, Orient Overseas Associates, alleging failure to provide sufficient coverage limits for recovery costs incurred as a result of Superstorm Sandy.

  • Real Estate Owner and Developer. Negotiated favorable settlement for property damage and time element losses at multiple downtown office buildings as a result of Superstorm Sandy.

  • Property Owner. Won trial court ruling that claims could proceed against property insurer, its claims handler, and its insurance broker for total loss caused by Superstorm Sandy, and prevailed on the issue of whether policyholder entitled to pursue punitive damages.

Recognition and Rankings

  • “Insurance Practice Group of the Year” – Law360 (2016 – 2020)

  • National Tier 2 for Insurance Law: “Best Law Firm” 2021 Edition, published by S. News-Best Lawyers

  • In 2020, Chambers USA again ranked our team in Band 1 for Insurance: Dispute Resolution: Policyholder in New York. Our group “handles the most complex and high-profile coverage cases and class actions” and is “well known for regularly securing key verdicts at trial and appellate levels for major corporate clients facing significant liability exposure. They have been at the top of the game for a long time and do a great job for clients.”

  • Our team was also ranked in 2018 and 2019 as a leading insurance litigation group (nationally and in New York) by Chambers USA.

  • 2020 The Legal 500 ranked our team as “leading lawyers” in Insurance: Advice to Policyholders:
    • Robin Cohen – Hall of Fame
    • Adam Ziffer – Recognized
    • Ken Frenchman – Recommended
    • Keith McKenna – Next Generation Partner

  • We were also ranked by The Legal 500 in 2018 and 2019.

  • 2016 The Legal 500 ranked our team as “top tier” for Insurance: advice to policyholders. The publication noted that the . . . insurance recovery practice has “experience across a wide range of insurance issues, including asbestos-related matters, as well as other product liability, environmental, toxic tort cases and D&O matters. The team also has significant regulatory expertise."

  • “Insurance Litigation Department of the Year” – The New York Law Journal (2017)

  • Our team ranked “Tier 1” nationally for insurance litigation by Benchmark Litigation in 2018 – 2020.

  • Numerous individual awards and rankings for Robin Cohen, Adam Ziffer, Ken Frenchman and Keith McKenna.

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