Insurance Coverage

McLaughlin & Nardi’s insurance coverage lawyers represent people and businesses helping them choose the right services for their particular needs in seeking redress when their insurance companies have wrongfully denied their claims.

A threshold question is what type of insurance a person or business needs.  For example, does a business need a director and officer liability policy; a fiduciary liability policy; commercial, property and casualty coverage; an errors and omissions policy; and employment practices and liability policy; premises liability policies; theft insurance; travel coverage; and/or professional liability insurance?   People face similar questions.  The answer varies based on the needs of the particular person or business.  Our attorneys meet with our clients, examine their individual circumstances, and counsel them on what they coverage they may need.

Of course, when you pay for an insurance policy, you are buying something – insurance coverage.  However, many times insurance companies wrongfully deny claims.  This is an area of much dispute in the law – whether an insurance policy covers a particular type of situation. This arises in both business and personal policies, both large and small. The consequences can be seen in the ongoing disputes over whether homeowners and borrowers policies in New Jersey and New York covered damage from Hurricane Sandy, which now total many billions of dollars.  These disputes arise in many other areas including, for example, the obligation of insurers to defend suits and pay settlements or judgments; remediate environmental contamination; the subrogation obligations of an insured; and third-party or excess liability coverage. 

We represent people and businesses faced with the denial of coverage. We negotiate with insurance companies, and when negotiations do not result in the insurance company covering legitimate claims, we initiate suit on our clients’ behalf to force insurance companies to cover what they were paid to insurance.  We represent our clients in mediation, arbitration and litigation, and through the appeals process.

Indeed, in a case where a business or individual is sued, the first thing that should be done is to determine whether insurance coverage exists, and if so to file a claim as soon as possible because some policies limit the time for making a claim.  Moreover, the sooner the claim is made, the sooner coverage can be extended. 

The practical consequences of this are readily apparent.  Take, for example, when a roof in a warehouse collapses due to heavy snow, and the customers who had stored their goods in the warehouse sue the owners for the value of the goods destroyed, often totaling hundreds of thousands, if not millions of dollars.  If proper coverage is in place, the cost to the owners is limited to the deductable.  However, if there is no coverage is in place, or if coverage is denied, the cost to the owner is both the cost of the goods destroyed, but also litigation costs in the customers’ lawsuits.  Indeed, without insurance coverage such claims may even put the owner out of business.  That is why having proper insurance in place, and fighting against wrongful denial of coverage, is so important.

McLaughlin & Nardi’s insurance coverage attorneys have extensive experience in representing individuals and businesses in insurance coverage disputes. The firm has represented businesses and individual policy holders, third-party claimants, and insurance carriers.  Contact us at (973) 890-0004 to learn more about how we can help you with your insurance coverage needs.

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