Stark & Stark represents clients in a wide range of matters involving insurance coverage and liability issues. The attorneys of the Insurance Coverage and Liability Group offer multi-faceted services in insurance matters ranging from the simple to the complex. Our attorneys have successfully represented policyholders in claims against their insurance companies where coverage has been denied or is in issue in both first party or third party claims.

• First party claims involve a suit directly against an insurance company for refusing to pay benefits.
• Third party claims arise when an insurance company fails to defend a suit brought against its insured or fails to pay a claim, on behalf of its insured, asserted against the insured policyholder.

Additionally, the Insurance Coverage and Liability Group regularly:

• handles cases involving commercial liability, directors and officers, errors and omissions, life, disability, fire and other related insurance coverage
• monitor the defense of personal injury actions where an insured requires the assistance of counsel to coordinate the defense of their claim with counsel provided by an insurance company under its ordinary defense obligation
• provide assistance determining the appropriate types and levels of coverage to maintain in order to properly insure against commonly encountered risks
• coordinate with members of the firm's Corporate Investigations and White Collar Group to defend actions brought by the Department of Banking and Insurance against licensees, including persons accused of insurance fraud in both civil and criminal actions
• represent clients in claims involving the construction industry (both builders and property owners), environmental coverage, real estate (and real estate professionals), complex litigation and mass torts
• analyze and interpret insurance policies

Insurance policies are often difficult to understand even for sophisticated and experienced business people. The Insurance Coverage and Liability Group works with its clients to level the playing field and offer benefits and protection to the insured. We bring value by ensuring that you thoroughly understand the coverage you are entitled to and for which you have paid.

Insurance Defense Team

The Insurance Coverage and Liability Issues Group is headed by Thomas J. Pryor, Esq., a Certified Civil Attorney with over 25 years of experience as a trial lawyer. The primary focus of Tom's practice is insurance coverage issues. He lectures extensively and is the author of many articles addressing legal issues pertaining to insurance coverage.

Tom is joined by Kevin M. Hart, Scott I. Unger and Tara A. Speer. Ms. Speer has been a licensed insurance producer in New Jersey since 2002 and having worked in that capacity for several years, she is able to provide a unique perspective to clients involved in legal disputes which involve insurance matters. The group draws upon over 50 years collective experience in complex insurance coverage issues in virtually all areas.

Recent Experience

• Recovery of full benefits to a parent, under an accidental death policy, arising from the tragic death of her disabled son. His life-sustaining feeding tube became dislodged during a routine procedure. The insurance company was forced to reverse its claim denial as a consequence of our filing suit and establishing its position was wrongful and contrary to the express terms of the policy. 
• Monitoring the defense of a commercial client named in a products liability action resulting in significant burns sustained by a young boy. We assisted in coordinating the defense, resulting in a confidential settlement, whereby the young plaintiff received compensation and our client’s rights were protected vis-à-vis the other named defendants, and our clients insurance carrier accepted its responsibility for defense and indemnity, as a result of our efforts.
  
• Successful recovery, prior to trial, of $150,000 in damages in a first party claim arising from a casualty loss within several million dollar residential property, by establishing the insurance carrier’s basis for denial was wrongful and unsustainable.
  
• Full recovery to a homeowner, arising from an insurance carrier’s wrongful denial of coverage following extensive vontamination to a valuable residential property, following complete destruction of an adjoining property.
  
• The insurance company reversed its initial denial of coverage after we established the property was rendered uninhabitable by exposure to harmful contaminants which became airborne during the fire at the neighboring property.
  
• Representation of homeowners displaced from their primary residence for over two years, as a consequence of alleged negligence by a contractor. We addressed various first and third-party insurance issues arising from the loss.
• Successfully represented a policyholder in an accidental death and dismemberment claim arising from injuries sustained in connection with the World Trade Center attack. A six figure settlement was achieved after brief, focused negotiations pointing out the weaknesses in the carrier's position. Client received full payment under the policy within approximately 90 days of our involvement.
• Negotiated pre-trial settlements in numerous long term disability claims resulting in cumulative lump sum settlements of approximately $1 million based upon a recognition that the insurance carriers' claim denials were unsustainable under the "own occupation" definition of disability.
• Negotiated settlement in favor of a policyholder in a third party liability exposure arising from a claim denial following a catastrophic automobile accident. We convinced the carrier that its claim denial was wrongful and a settlement was achieved, in order to avoid a trial on the issue of bad faith, where the insurance carrier could not establish that its policy cancellation was sustainable under the statutory "notice" framework.
• Serving as personal counsel, we achieved a settlement under a CGL policy in favor of a builder defendant, by overcoming the insurance carrier's reservation of rights claim denial. The insurance carrier paid a significant portion of the underlying damages.
• Settlement achieved, prior to filing suit, in favor of a surviving spouse, within a few weeks of our initial involvement, by establishing that the insurance carrier had wrongfully denied coverage under a life insurance policy. We convinced the insurance carrier that its denial, based upon the insured having allegedly died from complications arising out of a preexisting condition, was wrongful.
• Jury verdict in favor of first party insured, against a property casualty insurance carrier, arising from a fire loss involving total destruction of a private residence and loss of all contents.
  
• Order obtained by the Chancery Division, upon emergent application, restoring insurance benefits to a paraplegic whose carrier had denied life sustaining reimbursement for around the clock nursing care, restoring vital benefits to the policy holder.
• Serving as personal counsel, we achieved a settlement under a Comprehensive General Liability policy in favor of a builder defendant, by overcoming the insurance carrier’s reservation of rights claim denial. The insurance carrier paid a significant portion of the underlying damages. This resulted in a favorable settlement achieved on behalf of our client.
  
• Retained as local counsel for a Fourtune 500 national waste hauling firm. The claims involved reimbursement for defense costs and indemnity payments arising from alleged disposal of hazardous substances at a large New Jersey landfill. Stark & Stark served as personal counsel to waste hauler defendant in coverage litigation against numerous CGL and excess carriers over multi-million dollar claims emanating from a closed landfill. After several years of litigation, settlements were achieved with all parties.
  
• Retained as personal counsel to multiple defendants (battery manufacturers) in connection with alleged disposal of hazardous substances at a municipal landfill. As personal counsel to defendants in contribution action over multi-million dollar claims emanating from a closed landfill. A favorable settlement was achieved in connection with all claims.
  
• Assigned as a mediator for complex insurance coverage matter involving approximately six insurance carriers in an action seeking to apportion coverage among various layers of general liability insurance. Mediated settlement in complex environmental coverage claim involving layers of underlying and excess coverage in multi-decade asbestos claims. After several lengthy sessions, we assisted the parties in brining about a global settlement of all claims.
  
  

Representative long-term disability clients of ours include:

• A Fortune 500 global marketing executive who became disabled by a benign brain tumor.
• An OB/GYN who became disabled as a consequence of carpal tunnel syndrome and other orthopedic conditions.
• A chiropractor who became unable to perform required procedures as a consequence of disabling back injuries.
• A medical devices salesperson who became disabled as a consequence of chronic back problems.
• A highly placed corporate executive who became disabled as a consequence of contracting HIV AIDS.
• A dentist who became disabled as a consequence of a heart attack and other complications.
• A young woman who became disabled as a consequence of eating disorders and other complications.
• Various individuals whom we have successfully represented over the last 20 years.

In all of the cases described, we successfully established ongoing benefits or effectively negotiated a buyout of the long-term disability policies at issue. Several matters were resolved during the pre-suit stage, and the remainder after we filed suit and litigated the matters to conclusion.