A Littleton Park team led by partner Eric Goldberg and of counsel Bryon Friedman successfully obtained an order dismissing the contract claims in a third-party complaint against our healthcare client in New York state court. The third-party plaintiff, a medical diagnostic company, asserted claims against our client for contractual indemnity and breach of contract for failure to procure insurance in connection with the underlying personal injury lawsuit. The New York Supreme Court, Suffolk County, dismissed those contract counts under CPLR 3211(a)(1) because the contract at
Insurance & Reinsurance
Insurers take a premium to insure a risk, based upon the underwriting information provided to them, and within the boundaries of the policy terms they agree to; which they in turn reinsure with other insurers to spread the risk further. They operate in a closely regulated environment, under the close gaze of the reinsurers and excess insurers who share their risks, and of policyholders and others seeking coverage as additional insureds or indemnities. Layered over the interplay of policies that may apply to a given risk are another layer of state-by-state insurance rules, regulations, and judicial decisions.
When losses inevitably occur, there are often disputes among the stakeholders as to what losses and expenses are covered, to what extent, and by whom. We help our clients anticipate and avoid disputes to the extent possible, and when they do occur, to find a path to the best business solution, whether it is reached by negotiation among the stakeholders, mediation, arbitration, motion practice or trial.
If you’re operating a business, you need a law firm that understands your business. Contact the law firm of Littleton Park Joyce Ughetta & Kelly LLP.