Insurance Coverage & Risk Transfer

Lewis Johs Insurance Coverage Practice Group represents many of the largest property and casualty insurance companies in the nation, in addition to providing insurance coverage legal advice to business entities, municipalities, and individuals across New York State.

We provide detailed analysis of insurance obligations under an array of insurance policies that include general liability, property and casualty, commercial and business, homeowners policies, personal and commercial automobile policies, umbrella policies, excess policies, reinsurance policies, professional liability policies, life insurance and disability insurance.

Our attorneys have extensive experience in all aspects of insurance coverage law:

We routinely counsel or clients and litigate:

• Property Damage Insurance Claims
  Whether faced with fire, flood, or weather events which damage or destroy a business or home, the Insurance Coverage Group is prepared to represent the interests of each client and has decades of experience – from the perspectives of both the insurer and insured – which makes us uniquely situated to successfully handle these claims. We can assist from inception of the loss with evaluating the damages, any insurance coverage issues that arise, including alternate living expenses and arrangements, as well as an array of valuation disputes for contents of the home or business.
• Business Interruption Claims
  When an enterprise sustains a loss, business interruption claims often become a large part of the damages. At Lewis Johs, we assist in the evaluation of those claims, which are often complex and require a level of financial expertise. We have the experience to secure the correct experts who will be necessary for pursuing an equitable assessment and resolution.
• Coverage for Personal Injury
  Whether the claim is being presented under a commercial general liability policy, homeowner policy, automobile policy, umbrella or excess policy, we regularly handle a vast array of insurance coverage issues that arise from personal injury claims.
• Additional Insured coverage
  The insurance coverage for additional insureds can often be complex and require intricate knowledge of the insurance law and the interplay between insurance policies. We provide a detailed evaluation of any additional insured issues that arise along with strategic alternatives for resolving these disputes.
• Contractual Indemnification Agreements and Risk Transfer
  Contractual indemnification disputes arise in personal injury and property damage claims and require the proficiency that Lewis Johs can provide to respond to, or pursue, these claims. These include tenders of defense (and responses to tenders), strategic insurance coverage litigation, and declaratory judgment actions to resolve the contractual and risk transfer issues that regularly impact these claims.
• Construction Litigation
  Construction litigation and insurance coverage issues go hand in hand, and Lewis Johs has the experience to assist its insurance carrier and private clients in navigating the interplay between indemnification and insurance coverage, which are often inextricably intertwined.
• Bad Faith and Potential Extra-Contractual Liability Exposure
  At Lewis Johs, we have decades of experience in counseling our clients on bad faith and potential extra-contractual exposure. These issues require case-by-case specificity as well as review and analysis of the claims.
• Professional Liability
  Insurance coverage claims that include medical malpractice and directors’ and officers’ liability.
• Environmental Liability Claims
  Environment insurance coverage claims arise in a variety of circumstances, ranging from homeowner and business owner claims to governmental claims. At Lewis Johs, we assist each client by evaluating the claim and assisting the client in achieving the best resolution.
• Priority of Coverage Issues
  Oftentimes, more than one insurance policy applies to a claim, and at Lewis Johs, we have decades of experience with priority of coverage analysis and co-insurance issues that arise.
• Timeliness of Denials and Disclaimers of Coverage
  New York’s insurance laws impose a unique obligation upon insurance carriers that require knowledge of very strict time constraints in the disclaiming of coverage and denial of tenders of defense. At Lewis Johs, we routinely handle these issues and assist our clients in assuring timely compliance with these laws and regulations.
• Late Notice of Claim and Suit
  At Lewis Johs, we are well versed on the issues of “late notice of claim” and the rights and obligations of both the insurer and insured under the policy of insurance, as detailed in New York’s insurance laws.
• Co-Op and Condominium Insurance Policies
  Co-op and condominium insurance raises unique issues between the owners of the units and the respective co-op or condominium association. At Lewis Johs, we evaluate and counsel our clients on an array of issues that may arise in the context of those policies and the interrelationship of the by-laws and association rules and regulations.
• Coverage for Insurance Agents and Brokers
  Insurance agent and broker insurance issues require knowledge of a specific set of laws and the interplay between the broker, the agent, the insured, and the insurer. Lewis Johs is well versed in these laws and provides pre-litigation and litigation counsel on the unique issues that arise in the context of broker and agent liability.
• Gap in Insurance
  Gaps in insurance coverage between primary and excess or umbrella policies sometimes occur, and at Lewis Johs, we have decades of experience in the analysis and resolution of those particular gaps in coverage.
• Misrepresentations in Applications and Policy Rescission
  Insurers and insureds are sometimes faced with discrepancies in an application for insurance or a misrepresentation in the application for insurance. This results in the insurer voiding or rescinding the insurance policy. Lewis Johs has extensive experience in policy rescission cases and the avenues for both defense and prosecution of those cases.

For a complimentary consultation, please contact Karen M. Berberich () at (631) 755.0101.