AREAS OF PRACTICE
DEFENSE OF CLAIMS
BARTH SULLIVAN BEHR defends a broad variety of personal injury and property damage claims, in federal and State courts across New York State. We defend all claims covered under both personal and commercial premises and automotive insurance policies, as well as many other commercial policies including, businessowners, general liability, employers liability, motor carrier and trucking, products/completed operations, pollution/environmental, liquor liability, farmowners and builders risk, as well as errors and omissions liability, particularly insurance agents E&O.
Our caseload runs the gamut from complex issues of liability and coverage for catastrophic injuries, to simpler cases such as those involving the New York State No-Fault threshold defense. Our firm accepts cases up to the eve of trial or for appeal purposes, and strives to remedy adverse circumstances and achieve a superior outcome.
Motor Vehicle Accident, both personal auto and commercial, including trucking, taxicabs and tractor-trailers. We work with leading medical and forensic experts to fight exaggerated injury claims, including the burgeoning case population of low-impact accidents allegedly resulting in serious injuries, and to invoke New York’s seatbelt law so as to contain damages where there has been a failure to mitigate. We have a strong record of dismissals based on the absence of a threshold “serious injury.” We are well-versed concerning the latest techniques of accident reconstruction, and know the experts best able to bring them to bear for a solid defense. We’ve also handled successfully many arbitrations and suits seeking to recover no-fault, uninsured and underinsured motorists coverage benefits.
Premises Liability, for residential, commercial and municipal owners, including “routine” slip/trip-and-fall, and snow/ice claims, in which we have a strong history of successful motions to dismiss based on well-developed records establishing lack of notice, the triviality of a defect, the plaintiff’s inability to explain the fall (speculation), lack of legal duty, the “continuing storm” doctrine, fabrication, and a variety of other legal defenses, detected early through our familiarity with the applicable law acquired over our many years of defending such claims. We are highly experienced also in the less common, but ever-growing claim varieties, including owner liability to tenants and visitors for criminal assaults, and for toxic substances including lead paint, and mold. Our record for defending claims of injuries inflicted by both domestic and farm animals includes many dismissals on motion, and defense jury verdicts.
Workplace and Construction Accident, including claims under New York Labor Law sections 200, 240 (absolute liability “scaffold law”) and 241(6), against homeowners, developers, and owners and general contractors at commercial work sites. We have achieved numerous dismissals based on legal defenses including the absence of an elevation-related risk in 240 cases; lack of supervision and control in 200/common law negligence cases; lack of specificity or increase of duty in the regulation, in 241(6) cases; lack of general contractor status for construction and project managers; recalcitrant workers; and the homeowners exemption, despite the presence of commercial activity on the residence premises.
Products Liability, experienced respecting both consumer products and industrial equipment, representing manufacturers, distributors and retailers, against claims of strict liability, breach of warranty, negligent design, and negligent failure to warn. We are practiced in defending a wide variety of products, including automobile crashworthiness, and are attuned to the nuances of all pertinent defenses, including unforeseeable misuse, subsequent alteration, obviousness of the risk, and product familiarity.
Professional Liability, for a variety of professional and quasi-professional clients covered by Errors and Omissions policies, including attorneys, podiatrists and other health practitioners, with a particularly extensive background defending insurance agents. We have obtained numerous dismissals for insurance agents based on legal defenses such as lack of any duty to recommend coverages, and unavailability of the coverage at issue. We are especially proud of the many cases in which we have been able to deflect liability for an agent by finding a responsible third party, or by contesting the legality of a denial of coverage for the agent’s client, made possible by our depth of experience as defense and coverage attorneys.
Special Investigations. We are experienced at investigating and defending suspicious fire loss claims, and indeed every variety of fraudulent claim, under both first and third-party coverages. We have successfully handled many cases involving the entire gamut of material and fraudulent misrepresentations, at both the underwriting and claims stages.
INSURANCE COVERAGE
We possess substantial expertise and experience regarding coverage advice and litigation extends to a broad range of coverages, at both primary and excess/umbrella levels, including personal and commercial premises and motor vehicle (including no-fault, rental vehicle, UM/SUM, tractor-trailer issues), general liability and business owner policies, professional liability, and directors and officers coverages. We have successfully defended against accusations of “bad faith” in the context of both first and third-party claims, and are well-known for our expertise in this area.
Our attorneys tackle successfully the many “thorny” coverage issues, such as can be presented by environment-related claims including mold and asbestos, “claims–made” policy situations, claims of waiver and estoppel, additional insured situations, and coverage priority and sharing. Indeed, we have been chosen by several major companies to advise and represent them as to coverage state-wide. We also handle, with equal attention and creativity, the more typical but frequently challenging questions that arise regarding the full range of standard exclusions and policy conditions.
SUBROGATION
Our firm’s very active subrogation practice can boast a strong history of recoveries, both pre- and post-litigation. We are particularly experienced pursuing product makers for fire losses caused by design and manufacturing defects, and architects and builders for building failures due to negligent design or construction. We have also a large caseload of motor vehicle subrogation matters, and are adept at bringing such claims to a prompt resolution.