Property Insurance
Insurance coverage and subrogation is a full time specialization for a group of Budd Larner attorneys. We have earned a reputation for dealing with difficult cases, primarily in commercial and industrial insurance, which require novel and creative problem solving.
Our insurance practice takes many forms: advising insurance clients on policy language; consulting on industry practices; counseling on adjustment issues; interpreting policy provisions and providing coverage options; demanding proofs of loss and conducting examinations under oath; filing declaratory judgment actions; litigating coverage cases at both the trial and appellate level; participating in mediation, arbitration and appraisal proceedings; and defending property insurers against negligent inspection claims.
Our subrogation practice also involves a wide variety of actions. Our access to experts, together with our in-house investigation staff permit us to successfully prosecute virtually any kind of subrogation matter.
Here are some typical cases:
- Successfully defended an insurer on the World Trade Center insurance program against the insured's claim that their September 11, 2001 loss constituted two occurrences.
- Successfully defended a first-party property insurer in the celebrated Sponge Rubber case, the largest arson case tried in the U.S. to conclusion.
- Represented insurers in Y2K litigation in a number of jurisdictions;
- Represented insurers in connection with World Trade Center claims involving novel and complex issues concerning civil authority, period of restoration and suspension of operation issues;
- Retained and worked with technical consultants in determining causation at a West Virginia chloromethane plant involving stress corrosion cracking.
- Arbitrated damage issues in a Texas chemical plant freeze-up in a dispute between the all-risk and boiler and machinery insurers.
- Litigated massive damage issues under an all-risk policy arising out of construction losses during the renovation of New York's Essex House.
- Represented property insurers in defense of environmental litigation coverage claims in numerous jurisdictions.
- Developed expertise in defending property insurers against negligent inspection claims in multiple jurisdictions.
- Demonstrated expertise in providing advice and litigation representation with regard to complex business interruption matters.
- Represented cargo and transit insurers in both defense and subrogation actions.
- Utilized our expertise in automatic sprinkler systems in prosecuting subrogation claims involving defective couplings, design deficiencies, inadequate water supply, etc.
- Prosecuted complex subrogation claims against architects, engineers and other design professionals in a wide array of cases.
- Represented the interests of crime and fidelity insurers in the investigation, adjustment and defense of complex losses.
- Prosecuted a variety of fidelity loss recovery actions including embezzlement, commercial bribery and corruption claims.