Premises, Homeowners, Country Estates
Provide interpretive, analytical, comparative evaluations with Legislative/case law and ISO updated policy provisions and assessments for insurance companies including review of policy language, litigation in Declaratory Judgment Actions, defense of bad faith claims, opinion letters on behalf of VP of Claims and claims reviewers, motion practice, Appellate Briefing and oral argument for the following:
- Ownership, control, successive title regarding disclosure and notice, latent defect, infestation, decay, structural integrity, collapse, pollution, leakage, bursting, occurrence, manifestation and triggering of coverage.
- Placement of coverage, duties of agent/broker, management, special relationship test, assessment, declaration sheets, additional insured, definitions and policy provisions, packaging coverage, endorsements, litigation and burden of proof.
- Exclusions, conditions, limitations: pollution, assault and battery, intentional conduct, punitive, fraud and failure to cooperate.
Acted as coverage counsel and defense attorney for various TPAs and carriers.
Personal Lines, PIP, UM/UIM
Provide defense and analysis involving auto liability, damages, conflict of laws, cancelation, notice, permissive use, arbitrate PIP actions disputing causation and utilizing care paths, use of extensive network of medical and liability experts, accident reconstructionists, investigation, surveillance, MRI/EMG tracing review, extensive discovery, trials and alternate dispute resolution as follows:
- Defense through trial or alternate dispute resolution utilizing network of retired judges from the following counties (having a special working relationship): Bergen, Passaic, Essex, Hudson, Morris, Union, Middlesex, Somerset, Hunterdon, Monmouth, Mercer, Ocean, and Camden.
- Develop investigation challenging liability, damages, extent of injury/limitation, mitigation, extensive background and secondary source information, working toward a bargaining position of strength.
- Dart-out cases, multi-vehicle and visual obstruction cases, driving while impaired or distracted, Dram Shop, alternate coverages and primacy of coverage, choice of law, death claims.
Commercial Coverage and Completed Operations
Evaluate >additional insured= provisions in dec page and policies, business operations, business interruption, indemnification, contractual language, industry practice and custom, regarding the following:
- Trucking, busing, transportation logistics, safety, chemicals, construction, road work, OSHA, asphalt application, fire and safety, fire suppression systems, project safety, commercial regulations.
- Manufacturing, MSDS filings, toxic exposures, W/C related issues and scope, products liability, multi-party litigation, third party practice, federal law, jurisdictional issues.
- Fire loss, cause and origin and subrogation.
Provide defense with extensive development of alternate theories of liability, defenses, third party joinder, creative analysis, intense investigation, extensive network of liability experts for several TPAs, self-insureds and insurance companies/programs. (Munich American Re, Safety-Kleen, Ivy Hill Park Apartments, Gallagher Bassett).
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INSURANCE COVERAGE LAW
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(908) 824-7310
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