Insurance Coverage & Liability The Stark & Stark Insurance Coverage & Liability practice represents clients in simple and complex matters involving insurance coverage and liability issues, focusing on representing policyholders in claims against their insurance companies where coverage has been denied or is an issue in both first-party or third-party claims. Practice Services 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 added value by ensuring that you thoroughly understand the coverage you are entitled to and for which you have paid. For example, our attorneys have successfully represented clients in first party claims involving a suit directly against an insurance company for refusing to pay benefits and third party claims arising 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. Monitors 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. Provides assistance determining the appropriate types and levels of coverage to maintain in order to properly insure against commonly encountered risks. Coordinates 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. Represents 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 Analyzes and interpret insurance policies. 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. Filing a Long Term Disability Claim Representative Matter Experience: Tragic Death – 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. Product Liability – 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. Wrongful Denials – 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. Residence Displacement – Represented 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. Accidental Dismemberment – 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.