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 20 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, Esq., Scott I. Unger, Esq., and Cynthia Ham, Esq. The group draws upon over 50 years collective experience in complex insurance coverage issues in virtually all areas.

Leonard N. Arnold, former Judge of the Superior Court of New Jersey, Law and Appellate Division, assists the group in analyzing cases. His unique perspective as a trial judge and appellate judge provides invaluable insight. As an appellate judge, Len authored many decisions, some of which make up the body of case law today which defines the legal issues in the insurance coverage and liability issues area.

Recent Experience

• 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 several 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.
• 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, placing insured in the position of potentially losing vital insurance benefits.