We are coverage and litigation attorneys focused on the needs of liability insurers, third-party administrators, risk retention groups, self-insured entities, and other insurance clients. As house counsel for national property and casualty insurers earlier in our careers and outside counsel since, we know maximizing claim efficiency and delivering superior service are relentless challenges. Informed and dedicated to your needs, our insight and advocacy reduces claim expense, maximizes operational efficiency, and accelerates growth.
Loss payouts and legal expense are your single largest cost. Data-driven models provide important insight, but old-fashioned experience is what drives our results. We are lawyers with real-world datasets laser-focused on the information you need to accurately evaluate an exposure and make informed cost-benefit decisions. We look forward to partnering with you as we build a class-leading law firm committed to superior service and tailored, case-by-case solutions for navigating risk.
We've tried and appealed matters with exposures from hundreds of thousands to many millions of dollars in state and federal courts and arbitration tribunals, both as witness and counsel. Yet, we aren't afraid to challenge the corrosive “this is the way we’ve always done it” mindset. As your allies and partners, our relationships are built on mutual trust and open communication. We reward efficiency and results, and aren't afraid to have skin in the game either.
Key opportunities for mitigating loss exposure can be easily overlooked during the early stages of a claim. We provide quick turnaround analysis and position letter drafting, and cost-effective check-the-box solutions covering the front-loaded, time-sensitive, and often outcome-determinative early assessment of a claim or suit. Outsourcing coverage to us leverages economies of scale and streamlines operations.
We routinely litigate contractual risk transfer claims under all types of insuring agreements and contracts. Risk transfer in particular is a battle fought between arcane legal concepts and practical common sense. Disputes we frequently handle involve issues like scope, proof, impact of an incorporated clause or contract, and common law and statutory defenses like waiver and estoppel. We can help, whether it's an "insured contract" or other contractual liability carve-out issue, a priority-of-coverage or allocation dispute among same tier or different tier insurers, a claim that turns on the validity or enforceability of common law and contractual defenses or claims, or all of the above.
We are extensions of your claims and legal departments and always available to help. Our team will work hand-in-hand with yours, whether you need quick-and-dirty answers, courtside insight, assistance with overflow, or simply another pair of eyes. Our involvement at any time optimizes claims-handling efficiency and maximizes opportunities for cost containment.
We sleep, eat, and breathe coverage, and keep you informed of important legislation and evolving case law affecting the industry. We are here to help, whether it's guiding you through the steps needed to ensure compliance with deeming statutes like N.Y. Ins. Law §3420(d), explaining the importance of seemingly inconsequential articles like "the" vs. "an" or "any," reviewing clauses in current product offerings, drafting manuscripted forms, revising guidelines, or providing regulatory insight.
We are go-to counsel for all types of first- and third-party coverage disputes concerning the enforceability of policy defenses, scope of coverage, cancellation and materiality, timeliness or validity of declinations under N.Y. Ins. Law §3420(d), defenses involving the known loss doctrine, and duty-to-defend/trigger issues. We've established important industry precedent on everything from nationwide eight-figure business income and property claims under manuscripted program policies to the meaning of the term "residence premises" in standard HO 3 forms.
From boardroom breakups to broken sidewalks, from cargo and dealership losses to statutory threshold cases, from heists to missing rings, we've done it. We litigate multi-million dollar construction defect claims, but also provide drafting and risk management for small and middle-market companies who've learned the hard way that their insurance procurement and hold harmless clauses aren't working. As licensed members of the building trades, we understand the language of your experts and as trial counsel, we know how to effectively convey it. We can talk building science and structure, punch above our weight on MEP and hydronics, but we'll also hold our own when it comes to architectural design and detail. In other words, we're a great fit for all kinds of multiline risk.
J.D., Benjamin N. Cardozo School of Law, 2004 (Supervising Editor, Cardozo Law Review)
B.A., Rockefeller College of Public Affairs & Policy, University at Albany, SUNY, 1996 (summa cum laude, Phi Beta Kappa, Honors Program Scholar)
New York; New Jersey; U.S. District Courts for the Eastern, Southern, and Northern Districts; New Jersey District Court; U.S. Court of Appeals, Second Circuit
Josh provides broad-ranging support for insurance clients at every stage of a claim's life cycle. Earlier in his career, Josh was house counsel for national property and casualty insurers AmTrust Financial, Inc. and Tower Group Companies, and represented the companies and their member insurers in first- and third-party insurance disputes across their product lines involving property, business interruption, and bodily-injury losses, and collaborated with panel counsel to deliver optimal results in line with company guidelines.
Josh has been lead counsel in multi-million dollar first-party business interruption and extra-contractual damage claims pursued under quota share policies in state and federal courts and FAA-governed arbitrations throughout the country involving issues like the known loss doctrine, expected or intended harm, the reasonableness of mitigation, apportionment, fraud, time-element coverage, and the non-fortuity and pre-existing injury or damage defenses.
Josh has protected the rights of insureds and stakeholders in third-party coverage actions seeking to rescind or void coverage under retrospectively rated primary and follow-form excess policies, prosecuted cancellation and rescission actions, and obtained substantial recoveries on behalf of insurance clients in risk transfer and equitable contribution actions.
Also an accomplished appellate attorney, Josh has briefed and argued many reported decisions concerning, amongst others, additional-insured coverage under ISO and manuscript endorsements, duty-to-defend/trigger, priority-of-coverage, mid-term cancellations under N.Y. Ins. Law §3426(e), continuous injury/allocation, and common law and statutory waiver/estoppel.
Aaron specializes in first- and third-party coverage disputes involving property and casualty losses, and also maintains an active commercial litigation and insurance-defense practice. Aaron began his career in the trenches representing policyholders in first-party commercial property disputes, before gaining significant experience as an insurer-side coverage counsel for domestic and London market insurers. A born lawyer from New York's lower east side, Aaron is a passionate advocate with a no-nonsense, bottom-line approach.
Your concerns are ours. Whether it’s a once simple issue that escalated into an intricate burden-ridden time sink, or if you need coverage advice to make an early crucial decision, we will zealously represent your interests with the same care as you would. We are committed to solve your issues as if they were our own, so you can operate with the confidence knowing that your small issues will stay small, your big ones will get solved, and that your early crucial decisions are correct from the get-go.
The devil is indeed the details when it comes to coverage as time-sensitive decisions must be made, and issues missed in the race to the mailbox can have significant bottom-line consequences. We pay close attention to the important little stuff because we know it matters.
Have self-insured losses? Inherited a portfolio of smaller, accrued liabilities through mergers or acquisitions? We don't believe perceived legal expenses should deter you from pursuing your rights, and we'll work with you to aggregate small portfolio losses and secure contribution or risk transfer under fee arrangements that make sense.
We don't claim to be innovative--we've simply spent enough time on both sides of the fence to see the forest and the trees and have zero interest wasting time or money. Give us your problems, and we'll deliver expedient, no fuss solutions that get the job done right.
Common problems do not always mean common solutions. We take pride in understanding your end goals in every matter, so we can tailor our strategy to best meet them. With our unique collaborative multifaceted approach to counseling, we can find the solution that will solve any complex or run of the mill problems you may face.
We are lawyers. We don't build mousetraps, we help you navigate them. We're used to spending long hours in subterranean passageways with poor lighting and unmarked doors. We don't have night vision, but we've learned to adapt and, gasp, even thrive. Show us your mousetrap, and we'll show you unrecognized opportunities, emergency exits, and express elevators. Call us before you make your first left turn, and we'll make sure it's the right one. We'll get you to your destination without unnecessary headwinds, and if you still insist on a better mousetrap, we'll introduce you to some outstanding builders along the way.
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We'll listen and learn about your challenges. We'll share how our experience can help solve them.
Together, we will create a flexible business relationship, tailored to your situation, immediate needs and ongoing requirements.