Insurance Coverage Disputes

Harrington, Ocko & Monk has an extensive and distinguished record of speaking and publishing on cutting-edge coverage issues of concern to insurance professionals and has played a leading role in such reputable industry organizations as the Defense Research Institute and the New York State Bar Association. We regularly apprise our existing clients of significant changes in the law that can potentially impact coverage. Whenever possible, we ensure to tailor our efforts with a conscious recognition of potential changes in the law.

Our objective is to provide clients not only with correct legal advice, but also a roadmap to resolve a claim before it becomes contentious. If a dispute arises between the insurer and insured, we strive to find a correct, effective and fair resolution without litigation, if possible. When the need for litigation arises, we staff coverage-related litigation in the most efficient manner possible, attempting to have each project performed by the attorney who is most capable of performing the task at the most efficient cost.

While our insurance coverage practice normally extends to every type of property, casualty, and commercial coverage matter, we have attained an in-depth understanding and experience in the following areas:

• Threshold coverage triggering issues in both first and third-party claims

• Represent insurance companies in first party and third party litigation

• Subrogation disputes and indemnity recovery

• Late notice issues

• Anti-subrogation issues

• Environmental liability coverage

• Professional liability coverage

• Title insurance litigation

• Business Interruption claims

• Allocation and other insurance disputes

• Excess, bad faith, extra-contractual and punitive damage claims

• No-fault claims

• Toxic tort coverage

• Product liability

• Fire and water damage coverage claims

• Cases involving fraud and misrepresentation by insureds

• Errors and omissions

• Directors and officers’ liability

• Marine, aviation and transportation insurance

Representative Cases:

• In a declaratory relief action, the Firm recently obtained a decision from Federal District Court on a summary judgment motion, in favor of the Firm’s client, requiring an insurer to pay the costs of defending against intellectual property claims brought by a plaintiff against the Firm’s client in a separate Federal action. The favorable decision obtained by the Firm resulted in the client obtaining reimbursement from the insurer for past legal expenditures, as well as the insurer paying for the defense of the client in the separate Federal action going forward. John T.A. Rosenthal prepared the motion papers and argued the motion.

• Awarded summary judgment and reimbursement of defense costs after successfully diffusing “late notice” defense in action where notice was not provided until nearly a year after the occurrence.

• Successfully defended against seven-figure property damage coverage action by establishing time-on-the-risk defense.

• First Department upheld summary judgment and awarded full defense and indemnification from an insurance company that refused to provide anything more than co-insurance in underlying personal injury action.