Our firm handles a wide variety of insurance disputes in both litigation and arbitration, including defense and prosecution of No-Fault, Workers’ Compensation, New York short-term disability, additional Personal Injury Protection (PIP) and Optional Basic Economic Laws (OBEL) benefits. We take tremendous pride in working with clients to make realistic assessments of each dispute before simply engaging in litigation. Our philosophy is to assist our clients in solving their problems in a cost efficient, pragmatic manner.
Our firm litigates No-Fault benefits extensively in both the Court system and arbitration. We also conduct file reviews, Examinations Under Oath, and prosecute declaratory judgement actions. Our team addresses claims from a 360 degree perspective in order to provide comprehensive advice to our clients. When new case law arises or there is a change to the No-Fault statutes or regulations, we stand ready to provide a thorough analysis of their impact on the industry.
Insurers and self-insurers have opportunities to secure recovery for some of their claims. Section 5105 of the Insurance Law (also known as “loss transfer”) provides an excellent avenue for reimbursement of No-Fault, Workers’ Compensation or short-term disability benefits when a qualifying event occurs. Property damage litigation or arbitration can also result in significant recoveries, as well as APIP subrogation and covered vs. non-covered scenarios. We also have extensive experience in representing parties in confirming or vacating arbitration awards.
SECTION 29 OF THE WORKERS COMPENSATION LAW
Our firm routinely represents Workers’ Compensation insurers and self-insurers in lien, credit and consent issues arising from third party actions. We also commence litigation on behalf of these same insurers if a claimant fails to pursue an action on his or her own. Our extensive knowledge of the interplay between the Workers’ Compensation Law and the No-Fault Law allows us to provide seasoned advice to our clients.
Cases do not always end with the entry of a Court’s decision. As part of our handling of cases from inception to final conclusion, we handle all aspects of appeals both as appellants and respondents and are always prepared to file amicus curiae briefs when our clients have a substantial interest in the outcome of appeals to which they are not a party. We are also prepared to accept new assignments at the appellate level.