Insurance Coverage Attorneys In Albany And Burlington

The insurance coverage attorneys at O'Connor First have extensive experience handling virtually all types of insurance policies, including commercial property, inland marine, builder’s risk, professional liability (errors and omissions or E&O), directors and officers (D&O), commercial and personal automobile, homeowners, personal liability, umbrella liability and commercial general liability.

At O'Connor First, our lawyers provide representation to insurers in first-party and third-party claim-related matters, giving advice and defending contractual and extra-contractual claims and litigation. We know that in this challenging environment, any insurance dispute requires an immediate assessment of exposure to extra-contractual claims and the proper timing of responses and investigation, as well as potential implications of decisions made in each dispute.

Strategic Legal Solutions For Complex Coverage Disputes

At our firm, we offer expert legal counsel and steadfast advocacy, collaborating closely with our insurer clients to deliver efficient and cost-effective legal solutions. Our experience has taught us that developing personalized strategies that align with the unique needs and goals of our clients is the best way to approach any coverage dispute. This approach includes executing several strategies, including crafting interim agreements, engaging in negotiations between counsel, or pursuing alternative dispute resolution methods like mediation and formal arbitration. If necessary, we are also prepared to represent you through litigation.

Our team is committed to thoroughly understanding the nuances of each case, ensuring that we are equipped to provide strategic advice and representation. We will keep in regular communication with you to keep you informed about your case and how we are helping you. By leveraging our experience and skill in these issues, we can guide you through your legal challenges with minimal complication.

Multi-State Insurance Coverage Disputes

We represent insurers throughout New York and Vermont on a wide range of insurance coverage disputes including bad faith and extra-contractual litigation, environmental and complex torts coverage, general liability coverage, inland marine, builder’s risk, directors and officers’ liability coverage, excess and surplus lines, insurance fraud, professional liability, commercial property, commercial auto, personal auto, homeowners, personal liability and umbrella liability.

Our lawyers are active in state and national insurance organizations, including the Defense Research Institute, the Federation of Defense and Corporate Counsel, and the International Association of Defense Counsel, and they lecture frequently on insurance coverage issues. We are skilled trial attorneys, practiced advocates in mediations or arbitrations, and well-informed advisers who can help clients develop and evaluate strategies for the cost-effective and timely resolution of insurance coverage disputes, whether they involve relatively straightforward claims or complex insurance coverage litigation.

Defending Insurers Against Bad Faith Claims

A person can file a bad faith claim for numerous reasons. They may allege that an insurance carrier:

• Delayed an investigation: In these cases, our attorneys will review how the claim was handled and examine the investigation timeline. They will identify any gaps that could support a bad faith allegation.
• Denied their claim without reasonable justification: Our lawyers will evaluate whether the denial was grounded in the policy language, and help our client strengthen and document their position.
• Failed to settle a third-party claim within policy limits: Our legal team will assess the insurer’s settlement position relative to policy limits and advise on how to reduce extra-contractual exposure.

In New York, bad faith claims rely on common law standards and require proof that the carrier acted with gross disregard for the insured’s rights. This can set a high bar for claimants to establish liability.

Across the border, Vermont courts recognize first-party bad faith as an independent tort. A carrier can face liability if it lacks a reasonable basis to deny a claim and does so with knowledge or reckless disregard. Our attorneys know both frameworks well and are ready to use that knowledge to protect our clients.

Our Process For Resolving Insurance Coverage Disputes In New York And Vermont

Every insurance coverage dispute can carry financial risk. At O'Connor First, we move quickly to understand that risk and address it at every stage. Our attorneys work to keep our client’s position strong from the first review through final resolution by:

• Immediate exposure assessment: Our team will review the policy and the claim right away to identify coverage issues and potential liability before they escalate.
• Thorough investigation: Our attorneys will conduct recorded interviews under oath and consult independent experts to gather the necessary facts.
• Strategic negotiation and alternative dispute resolution (ADR): If it best serves our client’s interests, our lawyers will first pursue mediation and arbitration when resolving a dispute.
• Aggressive litigation: When settlement is not an option, our attorneys will represent our clients in state and federal courts throughout New York and Vermont.

No two coverage disputes unfold the same way. We adjust our approach as new facts emerge and keep our clients informed throughout. At every stage, our attorneys are focused on one thing: resolving the dispute efficiently and limiting the insurer’s exposure.

What Is The Difference Between Defending First-Party And Third-Party Insurance Claims?

In a first-party dispute, the insured seeks coverage directly from the carrier. As your legal counsel, our focus is on the scope of coverage, including policy exclusions, limitations and proof of loss. We also work to identify and contain bad faith risk throughout the claim.

A third-party dispute is when an outside claimant pursues the insured. This involves a different set of responsibilities for the insurance carrier. They must decide whether to defend, indemnify or both. Our attorneys guide our clients through those decisions and advise on the proper use of a reservation of rights. When a conflict arises between the insurer and the insured, we will help determine whether independent counsel is appropriate.

Get The Representation You Need

The sooner you have the representation you need in your insurance issues, the sooner you can earn the outcome you deserve. For more information about our insurance coverage practice, please contact our Albany and Burlington offices by calling 877-886-4029 or emailing us here.