New Jersey and New York Insurance Litigation Attorneys
Insurance litigation is a form of civil litigation that involves the legal proceedings and disposition of insurance related issues. Insurance litigation primarily refers to litigation of disputes between insurers and policyholders to decide coverage disputes. Insurance defense firms primarily focus on defending insurers through indemnification, such as when a policyholder causes a motor vehicle accident. Insurance defense also covers disputes over liability and obligations, such as when an insured party files a claim for an incident not covered under the policy. There are many different forms of insurance litigation including:
- No-Fault Claims (medical bill payment)
- First Party Claims (property damage, business interruption claims)
- Third Party Claims (injury, death and property damage)
- Bad Faith
- Director and Officer Liability
- Errors and Omissions Liability
- Life, Health and Disability Claims
- Insurer Liquidation
- Intellectual Property and Cyber Security
- Homeowners Liability
- Professional Liability
- Construction Defect
- Environmental Claims (lead, asbestos, mold and other toxic materials)
At Larkin Farrell, we are prepared to aggressively pursue our clients’ interests and protect their rights, no matter the types of litigation they are involved in. We also understand that unnecessary motions and dispute over discovery often end with an increase in expense with no real benefit to anyone involved. This is why we seek to avoid any legal uncertainty with declaratory judgment actions. We recognize that an early resolution to a case is what is most often desired by both the insurer and the insured, and will therefore work to achieve this through alternative dispute resolution or a direct settlement with the plaintiff’s legal counsel. However, some cases are destined to end up in court and we make sure to identify such cases as soon as possible so that we can achieve the best possible outcome at trial.
Both New Jersey and New York have, in an effort to simplify and speed up the process of resolving insurance claims related to motor vehicle accidents, implemented a “no-fault” insurance claim system. However, over time this has lead to plaintiffs’ attorneys and other parties trying to game the system in order to maximize the payouts they receive from accident claims at the expense of the insurers. Excessive and questionable claims are now a regular issue facing insurance companies and the laws in place are not equipped to properly address these claims. At Larkin Farrell, we investigate any no-fault claim from every angle to make sure that our clients’ obligations are no more than those required by law and that no fraudulent actions are being committed against those we represent. Our investigation process will look at the following
- Determining liability and causation
- Examining indemnity issues
- Analyzing claims involving uninsured/under-insured individuals
- Evaluating threshold losses and claims of serious injuries
- Determining priority
- Investigating any suspicion of claims that are excessive or potentially fraudulent
At Larkin Farrell, we use our investigations and analyses to form detailed opinions that will be used to put forth a strong defense against any attempt to hold our clients liable for more than what is legally stated or in the event of an appeal.
First Party Claims
Larkin Farrell has a proven track record with defending our clients against fraudulent and bad faith claims as well as in any other disputes with policyholders. Types of first party claims we deal with include:
- Personal injury claims
- Crime loss claims
- Business interruption and other business loss related claims
- Property damage claims for both businesses and homes
- Environmental loss claims
- Disaster claims such as flood, fire or hurricane
At Larkin Farrell, we conduct our own investigations into these claims in order to find any and all grounds for mitigating the insurer’s liability. We advise our clients on denials for excluded losses, exaggerated claims and fraudulent actions such as intentional acts. Whether facing down claims of fraud, negligence or breach of contract, we have the experience to assemble a stalwart defense.
Third Party Claims
Third party liability insurance is a wide and diverse in what is covers. We help insurance carriers from the earliest stages of a claim through litigation and onto the verdict and appeal process. We are experts at soundly advising our clients through the process as well as finding cost-effective and timely solutions to complex cases. This includes cases involving:
- Professional liability
- Wrongful death
- Slip and fall and other types of premises liability
- Construction defect
- Product liability
- Data breach and cyber security claims
- Negligent security
Those are only some of the types of third party claims we have regularly defended against. We will advise you on when a case might be better resolved by pursuing a settlement versus when a third party claim necessitates going to trial.
Bad Faith Claims
Suing an insurer for supposedly acting in bad faith is a common action any insurance company will face many times from clients trying to get a payout. At Larkin Farrell, we will advise you on the best course of action for resolving such cases, whether it be a settlement or a court trial, and will proactively defend against these claims.
Certain professions are high-risk by nature and that is where professional liability comes into play. We litigate cutting edge development in a variety of fields, including construction and engineering, medical practice, law, accounting, real estate and insurance and various financial industries. We also have experience with director and officer liability insurance claims involving public, private and non-profit institutions.
When it comes to products liability, Larkin and Farrell has years of experience representing insurers and their manufacturing, distribution, and retail clients. We offer litigation expertise across a wide range of industries from consumer electronics to pharmaceuticals. No matter what stage of the litigation process, the immediate and long term goals of our clients inform our every action.
Construction Defect Litigation
Whether residential or commercial, we have represented insurers on any type of property or construction project. From apartment complexes to single homes to warehouses, we have vigorously defended against every kind of design or construction claim.
We have advised on environmental coverage issues throughout New York and New Jersey. We represent liability insurers who handle thousands of coverage claims involving a multitude of environmental issues. Whether the claim is about discharge or disposal of hazardous materials, release of dangerous substances from landfills or claims of water contamination, Larkin Farrell is prepared to handle any environmental claims case.
Reinsurance insulates insurance companies and their policyholders from unexpected financial ruin. At Larkin Farrell, we have handled the litigation of many reinsurance claims. This includes cases involving reinsurers as well as ceding companies, intermediaries, and brokers. Our experience covers both facultative and treaty reinsurance agreements as well as run offs, underwriting disputes, follow the fortune disputes, and contractual reformation and rescission.
Need an Experienced Insurance Litigation Lawyer?
The attorneys at Larkin Farrell, LLC have years of knowledge and experience handling insurance litigation claims. We have handled and tried thousands of cases for the institutional clients that we have represented for the past 15+ years. We have represented those clients in arbitration and court. We serve clients throughout the five boroughs of New York City as well as Staten Island and Long Island. And from our offices in Red Bank, New Jersey, we handle cases all over Monmouth County. Many legal issues are time sensitive, so contact us today for a free consultation.